HomeMy WebLinkAboutFinal Agenda PacketCITY OF
enton 0
AGENDA
City Council Regular Meeting
7:00 PM - Monday, February 25, 2019
Council Chambers, 7th Floor, City Hall —1055 S. Grady Way
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. PROCLAMATION
a) National Black History Month - February 2019
4. SPECIAL PRESENTATION
a) Garland Jewelers Day Proclamation presented to Gary Slotnik
S. ADMINISTRATIVE REPORT
6. AUDIENCE COMMENTS
• Speakers must sign-up prior to the Council meeting.
• Each speaker is allowed five minutes.
• When recognized, please state your name & city of residence for the record.
NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any
ballot measure or candidate in City Hall and/or during any portion of the council meeting,
including the audience comment portion of the meeting, is PROHIBITED.
7. CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review, and
the recommended actions will be accepted in a single motion. Any item may be removed for
further discussion if requested by a Councilmember.
a) Approval of Council Meeting minutes of February 11, 2019.
Council Concur
b) AB - 2330 City Clerk reports bid opening on February 6, 2019 for the 2019 Stormwater
Facility Fencing Project, and submits the staff recommendation to award the contract to
the lowest responsible and responsive bidder, K-A General Construction Contractor, LLC,
in the amount of $175,997.92.
Council Concur
c) AB - 2325 Administrative Services Department recommends approval of a resolution
identifying the true and actual costs to provide municipal services to the Benson Hill
Annexation area for the State's fiscal year ending June 30, 2018.
Council Concur
d) AB - 2331 Community & Economic Development Department recommends approval of
the South King Housing and Homelessness Partners (SKHHP) interlocal agreement
between the cities of Auburn, Burien, Covington, Des Moines, Federal Way, Kent,
Normandy Park, Tukwila, and King County (participating jurisdictions) which sets forth the
purpose, structure, authority, responsibility, and other elements of the SKHHP, as well as
the rights and responsibilities of the participating jurisdictions.
Refer to Finance Committee
e) AB - 2332 Community & Economic Development Department recommends approval of
an addendum to the interlocal agreement with the Renton Regional Fire Authority, which
authorizes fire impact fees to be included among the fees which Council may waive for
eligible affordable housing projects.
Refer to Finance Committee
f) AB - 2328 Community Services Department recommends waiving park, shelter rental,
parking garage pass, and permit fees in the total amount of $16,450 for community
events scheduled in 2019.
Council Concur
g) AB - 2326 Community Services Department requests authorization to increase a 0.50 FTE
(Full -Time Equivalent) Program Assistant position in the Recreation and Neighborhood
Division to 0.75 FTE, in order to more effectively focus on marketing, website, and event
support.
Refer to Finance Committee
h) AB - 2204 Executive Department recommends approval of a five-year agreement with
Valley Defenders, PLLC, in the amount of $765,000 per year, for public defense services.
Refer to Finance Committee
i) AB - 2327 Public Works Administration requests authorization to purchase 32 vehicles
using State bid contract number 05916, in the total amount of $2,015,469.04. The funding
for the purchase of 26 of the vehicles was approved on November 13, 2017, and the
funding for the other six vehicles was approved November 5, 2018.
Council Concur
j) AB - 2306 Transportation Systems Division recommends approval of GCB 2433 Design -
Build Coordinator Agreement, with the Washington State Department of Transportation,
in order to reimburse the City in an amount up to $240,000 to act as City project
coordinator for the 1-405 Renton to Bellevue Widening and Express Toll Lanes project.
Refer to Transportation (Aviation) Committee
k) AB - 2307 Transportation Systems Division recommends approval of GCB 2476 Design -
Build Cooperative Agreement, with the Washington State Department of Transportation,
with no direct fiscal impact, for design and construction of the 1-405 Renton to Bellevue
Widening and Express Toll Lanes project.
Refer to Transportation (Aviation) Committee
1) AB - 2329 Utility Systems Division recommends approval to execute Change Order No. 5
to CAG-17-174, contractor Laser Underground & Earthworks, Inc., in the amount of
$1,031,259.85, for roadway restoration of all roads within the Renton Hill Utility
Replacement Project area.
Refer to Finance Committee
8. UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk (*) may include legislation. Committee reports on any topics may be
held by the Chair if further review is necessary.
a) Planning & Development Committee: Benson Hill Community Plan Advisory Board
Appointment - Dawood
9. LEGISLATION
Resolution:
a) Resolution No. 4271: Annexation Sales Tax Credit (See Item 7.c)
Ordinances for second and final reading:
a) Ordinance No. 5922 -Townhouse Review Correction (1st Reading 2/11/2019)
b) Ordinance No. 5913 - Residential Rental Registration and Inspection Program (1st
Reading 2/11/2019)
10. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
11. ADJOURNMENT
COMMITTEE OF THE WHOLE MEETING AGENDA
(Preceding Council Meeting)
6:00 p.m. - 7th Floor - Council Chambers
Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk
CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21
To view Council Meetings online, please visit rentonwa.gov/counciImeetings
AGENDA ITEM #3. a)
� a
'� r� 4 Denis
Mayor
Procfamation
Whereas, the beginning of Black History Month was first called Negro History Week, as conceived
and announced by historian Carter G. Woodson and celebrated during a week in February 1926;
and
Whereas, in 1976, fifty years after the first celebration, the entire nation had come to recognize
the importance of Black history in the drama of the American story, and the week was expanded
to a month; and
Whereas, confident that their struggles matter in human history, black scholars, artists, athletes,
and leaders have used their talents to change how the world views African Americans; and
Whereas, African Americans, as well as other people of African descent, have been influential in
shaping world politics and diplomacy; and
Whereas, the Association for the Study of African American Life and History (ASALH) has selected
"Black Migrations" as the 2019 National Black History Month theme; and
Whereas, the City of Renton, in partnership and communication with residents, businesses, and
schools, is dedicated to building an inclusive city with opportunities for all; and
Whereas, Renton Highlands Library and Fairwood Library are hosting virtual tours of Renton's
African American historical sites on February 21st and 27th at 7:00 p.m.; and
Whereas, Renton African American Pastors and the City of Renton are honoring Black History
Month with "Realizing the Dream," a special event with speakers, drama performance, and a panel
dialogue on February 28th at 6:00 p.m. at SKY Center;
Now, therefore, I, Denis Law, Mayor of the City of Renton, do hereby proclaim the month of
February 2019 to be
XationaCBCack.�fistory Wontk
in the City of Renton, and I encourage all citizens to join me in learning more about the rich history
of African Americans during this special observance.
In witness whereof, I have hereunto set my hand and caused the seal
of th Z
f Renton be affixed this 11th day of February, 2019.
r
Denis Maw, Mayor
City of Renton, Washington
Renton City Hall, 7th Floor 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov
AGENDA ITEM #4. a)
— — — — ; Denis Law Mayor
Rll
Proclamation
Whereas, the City of Renton celebrates and supports our local small businesses and the
contributions they make to our local economy and community;
Whereas, it is important for people to support the small businesses that they value in their
community; and
Whereas, Garland Jewelers has one of the oldest business licenses in the downtown area issued
on March 18, 1953; and
Whereas, Garland Jewelers has operated in the same downtown Renton building since 1954 and
is a memorial of that almost -bygone era; and
Whereas, Garland Jewelers has been one of few independent jewelry stores to survive an industry
that is essentially dominated by large chain stores located at the malls; and
Whereas, Gary Slotnik has kept the family tradition of selling, repairing, and appraising fine
jewelry alive since the purchase of the store from his father, Jack Slotnik, in 1985; and
Whereas, Garland Jewelers in downtown Renton has made the decision to close its doors after 65
years under Slotnik ownership; and
Whereas, the legacy of Garland Jewelers and the dedication of the Slotnik family to the vitality of
Downtown Renton are worthy of recognition for their contributions to the community.
Now, therefore, I, Denis Law, Mayor of the City of Renton, do hereby proclaim February 11, 2019,
to be
Garfandlewefers may
in the City of Renton, and I encourage all citizens to join me in this special observance.
In witness whereof, I have hereunto set my hand and caused the seal of
the City of Renton to be affixed this 11th day of February, 2019.
Deni Law, Mayor
City of Renton, Washington
Renton City Hall, 7th Floor 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov
AGENDA ITEM #7. a)
CITY OF
enton
ifi
MINUTES
City Council Regular Meeting
4:00 PM - Monday, February 11, 2019
Council Chambers, 7th Floor, City Hall — 1055 S. Grady Way
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Law called the meeting of the Renton City Council to order at 4:00 PM and led the
Pledge of Allegiance.
ROLL CALL
Councilmembers Present:
Don Persson, Council President
Randy Corman
Ryan Mclrvin
Ruth Perez
Armondo Pavone
Ed Prince
Councilmembers Absent:
Carol Ann Witschi
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL EXCUSE ABSENT
COUNCILMEMBER CAROL ANN WITSCHII. CARRIED.
ADMINISTRATIVE STAFF PRESENT
Denis Law, Mayor
Robert Harrison, Chief Administrative Officer
Shane Moloney, City Attorney
Jason Seth, City Clerk
Jan Hawn, Administrative Services Administrator
Gregg Zimmerman, Public Works Administrator
Deb Needham, Emergency Management Director
Jennifer Henning, Planning Director
Ron Straka, Utilities Director
Amanda Askren, Planning & Technical Services Manager
Chief Rick Marshall, Renton Regional Fire Authority
Commander Dave Leibman, Police Department
February 11, 2019 REGULAR COUNCIL MEETING MINUTES
AGENDA ITEM #7. a)
PROCLAMATIONS
d) Renton Heart Month -A proclamation by Mayor Law was read declaring February 2019 to be
Renton Heart Month, encouraging all residents to increase their awareness of cardiovascular
disease, detection, and prevention by participating in this important community risk
reduction campaign. Fire Chief Rick Marshall accepted the proclamation with appreciation.
MOVED BY PERSSON, SECONDED BY PAVONE, COUNCIL CONCUR IN THE
PROCLAMATION. CARRIED.
a) Garland Jewelers Day: A proclamation by Mayor Law was read declaring February 11, 2019 to
be Garland Jewelers Day in the City of Renton, encouraging all citizens to join in this special
observance. Garland Jewelers owner Gary Slotnik was unable to accept the proclamation due
to inclement weather.
MOVED BY PERSSON, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
PROCLAMATION. CARRIED.
c) National Children's Dental Health Month -A proclamation by Mayor Law was read declaring
February 2019 to be National Children's Dental Health Month in the City of Renton,
encouraging all citizens to join in this special observance.
MOVED BY PERSSON, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
PROCLAMATION. CARRIED.
PUBLIC HEARING
a) WSDOT Acquisition: 1-405/NE 44th St Interchange Project: This being the date set and proper
notices having been posted and published in accordance with local and State laws, Mayor Law
opened the public hearing to consider the proposed WSDOT acquisition at 1-405 & NE 44th
Street Interchange.
Planning & Technical Services Manager Amanda Askren reported that the Washington State
Department of Transportation (WSDOT) is planning improvements to 1-405 between SR 167
and NE 6th St in Bellevue for its widening and express toll lanes project. She indicated that
this hearing was to notify the public about WSDOT's proposal to acquire City of Renton
property, and temporarily lease additional property located in the vicinity of 1-405 and the NE
44th St interchange. Ms. Askren described the location of the property and noted that
WSDOT's take was for approximately 45,225 square feet of land just west of 1-405. She also
reported that the temporary easement needed to stage equipment is approximately 2,878
square feet and is located on the east side of the freeway.
Concluding, Ms. Askren reported compensation for the property acquisition has been set at
$20,000 and noted that $10,000 of that amount will be repaid to King County because the
property was originally bought by the City of Renton using King County grant funds. She also
indicated that WSDOT will pay the City $1,000 for use of the temporary easement. Ms. Askren
stated that the staff recommendation is to 1) Authorize the Mayor and City Clerk to execute
the WSDOT documentation for the temporary easement and warranty deed required to
finalize the acquisition, 2) Authorize accepting compensation of $20,000 for the acquisition
and $1,000 for the temporary easement from WSDOT, and 3) Authorize the disbursement of
$10,000 to King County.
February 11, 2019 REGULAR COUNCIL MEETING MINUTES
AGENDA ITEM #7. a)
There being no public comment, it was
MOVED BY MCIRVIN, SECONDED BY PAVONE, COUNCIL CLOSE THE PUBLIC
HEARING. CARRIED.
ADMINISTRATIVE REPORT
Chief Administrative Officer Robert Harrison reviewed a written administrative report
summarizing the City's recent progress towards goals and work programs adopted as part of
its business plan for 2019 and beyond. Items noted were:
• The 2019 State of the City address has been rescheduled for Thursday, February 28,
2019, at 8 a.m. at Renton Pavilion Event Center. Tickets are $25 each or $200 for a
table of eight.
• The city's severe weather shelter will be open through Wednesday, February 13. The
shelter will open daily at 8 p.m. and close the following morning at 7 a.m. The shelter
is located at the Old Chamber of Commerce building, 300 Rainier Avenue North in
Renton. All are welcome and must register at the door. Contact the Crisis Clinic by
dialing 2-1-1 to access shelter information.
• The City of Renton is seeking candidates to serve on the Senior Citizens Advisory
Board. The board acts in an advisory capacity on matters of particular interest to
senior citizens in the Renton community. To apply, download an application from the
City's website. Applications are also available at the Renton Senior Activity Center.
Completed applications should be returned to the Senior Activity Center or mailed to
the Mayor's Office. Applications must be received by 5 p.m. on February 15, 2019.
• During the month of February, the main display case located on the lobby level of City
Hall features an educational display by the Solid Waste Utility. The display provides
information about stores in Renton that accept plastic bags for recycling and
illustrates examples of different types of plastic bags that are recyclable. As a
reminder, plastic bags are no longer accepted in curbside recycling. Residents are
encouraged to take their plastic bags to stores with plastic bag recycling bins or
recycle at the city's Spring Recycling Event on May 11, 2019, at Renton Technical
College.
• Road conditions, especially during the winter months, may impact recycling, organics,
and garbage collection routes in Renton. Hauler trucks are heavy and the city and
Republic Services are concerned with public safety. If weather conditions prevent
collection of recycling, organics, or garbage carts, remove the carts from the curb at
the end of the day and follow the guidelines below. Please follow container weight
limits.
• Recycling and garbage carts will be collected on the Saturday immediately following
the missed collection.
• Organics cart will be collected on the next regularly scheduled collection day, the
following week.
• Preventative street maintenance will continue to impact traffic and result in
occasional street closures.
February 11, 2019 REGULAR COUNCIL MEETING MINUTES
AGENDA ITEM #7. a)
CONSENT AGENDA
Items listed on the Consent Agenda were adopted with one motion, following the listing. Items 7.c., 7.e.,
and 7.f were removed for separate consideration.
a) Approval of Council meeting minutes of January 28, 2019. Council Concur.
b) AB - 2320 Mayor Law appointed Martin Dawood to the Benson Hill Community Plan Advisory
Board for an unexpired term expiring on 8/1/2020. Refer to Planning & Development
Committee.
d) AB - 2319 City Clerk reported bid opening on January 29, 2019 and submitted the staff
recommendation to award the City Hall Elevator Modernization Project - Phase 2 to R.C.
Zeigler Company, Inc. in the amount of $115,207.40. Council Concur.
g) AB - 2321 Transportation Systems Division recommended approval of Supplemental
Agreement No. 6 to CAG-15-177, with OTAK, Inc., in the amount of $130,499, for additional
services related to the Lake Washington Loop Trail project. Refer to Transportation (Aviation)
Committee.
h) AB - 2322 Transportation Systems Division recommended approval of Supplemental No. 7 to
CAG-17-082, with Perteet, Inc., in the amount of $288,617, for the preparation of 90% design
plans and final construction documents for the Park Ave N Extension project. Refer to
Transportation (Aviation) Committee.
i) AB - 2323 Transportation Systems Division recommended approval of Supplemental
Agreement No. 2 to CAG-17-128, with Gray & Osborne, in the amount of $133,827, for
construction management and inspection services for the Renton Ave S Resurfacing project.
Refer to Transportation (Aviation) Committee.
MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL CONCUR TO APPROVE
THE CONSENT AGENDA, MINUS ITEMS 7.C., 7.E., AND 7.F. CARRIED.
SEPARATE CONSIDERATION ITEMS 7.C., 7.E., AND 7.F.
c) AB - 2311 City Clerk recommended adoption of a resolution adopting amended Council Policy
& Procedure 800-12 - Contracting Authority. Rpfp - to C,,.,. mffi++„e of the Whni„
MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL CONCUR TO AMEND
SECTION 4.1.1 OF POLICY 800-12 BY STRIKING ALL LANGUAGE AFTER $300,000,
AND APPROVE AMENDED CONSENT AGENDA ITEM 7.C. AS COUNCIL CONCUR.
CARRIED.
e) AB- 2280 Community & Economic Development Department recommended adoption of an
ordinance to correct the maximum height of vertically mixed -use buildings in the Commercial
Arterial (CA) zone from 60 feet to 70 feet. Refer *^ PIaRRiRg & Development r.9FRR;*# ,,,
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL APPROVE CONSENT
AGENDA ITEM 7.E. AS COUNCIL CONCUR. CARRIED.
f) AB - 2318 Community Services Department submitted bid opening results for the Sign Shop
Expansion project, and recommended awarding the contract to the lowest responsive and
responsible bidder Optimus Construction, in the amount of $690,124.64 pending discussion of
funding options. Refer to Finance Committee
MOVED BY PAVONE, SECONDED BY PRINCE, COUNCIL CONCUR TO APPROVE
CONSENT AGENDA ITEM 7.F. AS COUNCIL CONCUR. CARRIED.
February 11, 2019 REGULAR COUNCIL MEETING MINUTES
AGENDA ITEM #7. a)
UNFINISHED BUSINESS
a) Committee of the Whole Chair Persson presented a report concurring in the staff and Planning
Commission recommendation to adopt code changes to implement a rental registration
program to ensure rental housing units meet basic health standards. This item was
originally approved at the October 22, 2018 Council meeting. However, it was tabled for
additional review due to public comment. The Committee further recommended that the
revised ordinance which addresses concerns raised be presented for first reading.
MOVED BY PERSSON, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
b) Finance Committee Chair Pavone presented a report concurring in the staff recommendation to
approve the following payments:
1. Accounts Payable — total payment of $4,741,386.63 for vouchers 11118, 370987-370989,
371003-371357, 1900202; payroll benefit withholding vouchers 5965-5974, 370990-371002; and
three wire transfers.
2. Payroll —total payment of $2,899,636.35 for payroll vouchers which includes 1,337 direct
deposits and 24 checks (December 16-31, 2018 & January 01-15, 2019 pay periods).
3. Kidder Mathews — total payment of $37,401.67 for vouchers 5797-5815.
MOVED BY PAVONE, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
c) Finance Committee Chair Pavone presented a report recommending the issuance of LTGO bonds
generating approximately $8.5 million in project proceeds funded by a local option sales and use
tax to fund public infrastructure improvements in the South Lake Washington Revitalization area.
The Committee further recommended that the ordinance regarding this matter be presented for
first and advanced to second and final reading.
MOVED BY PAVONE, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
d) Finance Committee Chair Pavone presented a report concurring in the staff recommendation to
approve the utility bill adjustment for water, sewer, and King County Metro related charges from
a water leak at the service address of 1531 N 3rd St. (Account #47005), as presented for the total
amount of $5,004.53. The adjustment includes City Water ($754.23) City Sewer ($1,545.15) and
King County Metro ($2,705.15) charges above their normal usage.
MOVED BY PAVONE, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
e) Finance Committee Chair Pavone presented a report concurring in the staff recommendation to
authorize the administration to write off and remove from City's accounting records bad debt in
the amount of $20,278.27.
MOVED BY PAVONE, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
February 11, 2019 REGULAR COUNCIL MEETING MINUTES
AGENDA ITEM #7. a)
f) Transportation (Aviation) Committee Chair Mclrvin presented a report concurring in the staff
recommendation to authorize the Mayor and City Clerk to execute Addendum 10-18 to Lease
Agreement LAG 001-87 with the Boeing Employees Flying Association to increase their leased
square footage by 24,067 square feet.
MOVED BY MCIRVIN, SECONDED BY PEREZ, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
g) Transportation (Aviation) Committee Chair Mclrvin presented a report concurring in the staff
recommendation to:
Authorize the Mayor and City Clerk to execute a lease agreement with Rainier Flight Service,
Inc. for a 30-year term which contains conditional provisions for redevelopment of the 800
and 820 parcels.
Authorize the Mayor and City Clerk to terminate the existing Rainier Flight Service, Inc. lease
agreements LAG 14-005 and LAG 15-005 effective May 31, 2019.
MOVED BY MCIRVIN, SECONDED BY CORMAN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
h) Transportation (Aviation) Committee Chair Mclrvin presented a report concurring in the staff
recommendation to:
1. Authorize the Mayor and City Clerk to execute the WSDOT documents for the Temporary
Easement and Warranty Deed and accept the compensation for same.
2. Authorize the disbursement of funds in the amount of $10,000 to King County as required
repayment of grant funds for the King County's Conservation Futures Levy.
The Committee further recommended that the resolution regarding this matter be presented for
reading and adoption.
MOVED BY MCIRVIN, SECONDED BY PAVONE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
i) Transportation (Aviation) Committee Chair Mclrvin presented a report concurring in the staff
recommendation to adopt the resolution and authorize the Mayor and City Clerk to execute the
Title VI Plan.
MOVED BY MCIRVIN, SECONDED BY CORMAN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
j) Transportation (Aviation) Committee Chair Mclrvin presented a report concurring in the staff
recommendation to:
1. Approve Preferred Airside Alternative #5 — Declared Distances with EMAS (Engineering
Material Arresting System) with North Shift to the Airport Master Plan Update.
2. Authorize staff to brief the Federal Aviation Administration and proceed with drafting the
Airport Layout Plan design using the selected Preferred Airside Alternative #5.
MOVED BY MCIRVIN, SECONDED BY CORMAN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
LEGISLATION
Resolution(s):
a) Resolution No. 4370: A resolution was read declaring an emergency.
MOVED BY PERSSON, SECONDED BY PRINCE, COUNCIL ADOPT THE RESOLUTION
AS READ. CARRIED.
February 11, 2019 REGULAR COUNCIL MEETING MINUTES
AGENDA ITEM #7. a)
b) Resolution No. 4369: A resolution was read authorizing the sale of a portion of a City -owned
parcel identified as King County Parcel No. 32240S9010 to the State of Washington
Department of Transportation ("WSDOT") in relation to WSDOT's 1-40S Renton to Bellevue
Widening and Express Toll Lanes Project, authorizing the Mayor to sign the necessary
documents to transfer title, and authorizing the repayment of $10,000 in grant funds to King
County.
MOVED BY MCIRVIN, SECONDED BY PEREZ, COUNCIL ADOPT THE RESOLUTION AS
READ. CARRIED.
c) Resolution No. 4368: A resolution was read adopting the City of Renton Title VI Plan.
MOVED BY MCIRVIN, SECONDED BY CORMAN, COUNCIL ADOPT THE RESOLUTION
AS READ. CARRIED.
d) Resolution No. 4365: A resolution was read amending Council Policy 800-12.
MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL ADOPT THE RESOLUTION
WITH THE ATTACHED POLICY AMENDED TO STRIKE ALL LANGUAGE AFTER
$300,000 IN SECTION 4.1.1. CARRIED.
Ordinance(s) for first reading:
e) Ordinance No. 5922: An ordinance was read amending Maximum Building Height for
vertically mixed -use buildings in the CA (Commercial Arterial) zoning designation in
Subsection 4-2-120.A of the Renton Municipal Code, and providing for severability and
establishing an effective date.
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
f) Ordinance No. 5913: An ordinance was read adding Section 4-5-125 to the Renton Municipal
Code to create a residential rental registration and inspection program, amending Subsections
5-5-3.A and 5-5-3.13 of the Renton Municipal Code to create exemptions from general
business licensing registration and fee requirements, and providing for severability and
establishing an effective date.
MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
Ordinance(s) for first reading and advancement to second and final reading:
g) Ordinance No. 5921: An ordinance was read authorizing the issuance of one or more series of
Limited Tax General Obligation Bonds in the aggregate principal amount of not to exceed
$8,500,000 to finance costs related to public improvements within the City's designated local
revitalization area and to pay costs of issuing the bonds; providing the form, terms and
covenants of the bonds; delegating authority to approve the final terms of the bonds; and
providing for other matters relating thereto.
MOVED BY PAVONE, SECONDED BY PRINCE, COUNCIL ADVANCE THE ORDINANCE
FOR SECOND AND FINAL READING. CARRIED.
Following a second and final reading, it was
MOVED BY PAVONE, SECONDED BY PRINCE, COUNCIL ADOPT THE ORDINANCE AS
READ. ROLL CALL: ALL AYES. CARRIED.
February 11, 2019 REGULAR COUNCIL MEETING MINUTES
AGENDA ITEM #7. a)
Ordinance(s) for second and final reading:
h) Ordinance No. 5919: An ordinance was read annexing certain territory to the City of Renton
(Wolf Woods Annexation; File No. A-17-002).
MOVED BY PRINCE, SECONDED BY PEREZ, COUNCIL ADOPT THE ORDINANCE AS
READ. ROLL CALL: ALL AYES. CARRIED.
i) Ordinance No. 5920: An ordinance was read establishing the zoning classification of certain
property annexed within the City of Renton from R-4 (Urban Residential 4 Dwelling Units Per
Acre, King County Zoning) to R-4 (Residential 4 Du/AC; four dwelling units per acre, City of
Renton Zoning) (Wolf Woods Annexation; File No. A-17-002).
MOVED BY PRINCE, SECONDED BY PEREZ, COUNCIL ADOPT THE ORDINANCE AS
READ. ROLL CALL: ALL AYES. CARRIED.
NEW BUSINESS
Please see the attached Council Committee Calendar.
ADJOURNMENT
MOVED BY PRINCE, SECONDED BY PAVONE, COUNCIL ADJOURN. CARRIED. TIME:
4:38 P.M.
Jason A. Seth, CMC, City Clerk
Jason Seth, Recorder
Monday, February 11, 2019
February 11, 2019 REGULAR COUNCIL MEETING MINUTES
AGENDA ITEM #7. a)
Council Committee Meeting Calendar
February 11, 2019
February 18, 2019
Monday
NO MEETING Council Holiday in Observance of Presidents Day
February 25, 2019
Monday
5:00 PM Planning & Development Committee, Chair Prince - Council Conference Room
1 . Docket #1 3
2. Shoreline Master Program
3. Shopping Cart Update
4. Benson Hill Community Plan Advisory Board Appointment - Dawood
5. Emerging Issues in CED
CANCELLED Utilities Committee, Chair Perez - Council Conference Room
6:00 PM Committee of the Whole, Chair Persson - Council Chambers
1 . Parks, Recreation and Natural Areas Update
2. KC METRO Rapid Ride I -Line Introduction
AGENDA ITEM #7. b)
AB - 2330
C[TY OF
-----wwwo�Renton uOo�"
SUBJECT/TITLE: Contract Award: 2019 Stormwater Facility Fencing Project; CAG-19-
010
RECOMMENDED ACTION: Council Concur
DEPARTMENT: City Clerk
STAFF CONTACT: Jason Seth, City Clerk
EXT.: 6502
$175,997.92. Total project budget is $391,174.
Engineer's Estimate: $240,594.20
A bid opening for this project was conducted on February 6, 2019. In accordance with Council policies, the bid
met the following three requirements:
1) There was more than one bid,
2) The lowest responsible and responsive bid was within budget, and
3) There were no irregularities with the lowest responsible and responsive bid.
Therefore, staff recommends awarding the 2019 Stormwater Facility Fencing Project to the lowest responsible
and responsive bidder, K-A General Construction Contractor, LLC, in the amount of $175,997.92.
A. Staff Recommendation
B. Bid Tab
Accept the lowest responsible and responsive bid and award the 2019 Stormwater Facility Fencing Project to
K-A General Construction Contractor, LLC in the amount of $175,997.92.
AGENDA ITEM #7. b)
•
PUBLIC WORKS DEPARTMENT
M E M O R A N D U M
DATE: February 11, 2019 03^ 3�3� A110
TO: Jason Seth, City Clerk s`OZ t r 83j
FROM: Ken Srilofung, Surface Water Utility Engineer, x7247 VQivva�l -10
SUBJECT: Bid Award - 2019 Stormwater Facility Fencing Project
The Public Works Department has reviewed the bids submitted for the 2019 Stormwater Facility
Fencing project and recommends that the bid be awarded to K-A General Construction Contractor,
LLC. We request that an agenda bill for Council Concur be prepared for the February 25, 2019
Council Meeting.
The bid opening was held on February 6, 2019. Four bids were received. The low bidder for the
project is K-A General Construction Contractor, LLC with a bid of $175,997.92. The engineer's
estimate for project construction was $240,594.20.
The Surface Water Utility reviewed the low bid for the completeness, inclusion of all required forms,
bid bond, and mathematical correctness of the bid. All paperwork for the low bid is in order. Two
bidders had a minor math error as a result of incorrectly adding the individual bid items to come up
with the bid total. The corrected bid amounts did not change the order of the bids.
Bidders
Original Bid
Corrected Bid
Judha of Lion Landscaping and Services LLC
$235.874.10
$235,861.71
Commercial Fencing Corporation
$187,696.60
$187,695.84
The project budget amount for the 2019 Stormwater Facility Fencing Project is $391,174, including
the proposed carry forward budget adjustment. Funding is available from the Stormwater Facility
Fencing Project account (427.475499). This project will construct chain link fencing and gates on six
stormwater ponds to restrict access and reduce public safety risks.
Attached for your reference is the bid tabulation showing the engineer's estimate, the low bid, and
the other bids submitted. If you have any questions, please contact me at x7247 or by email at
ksrilofune@rentonwa.eov
Attachments
cc: Gregg Zimmerman, PW Administrator
Ron Straka, Utility Systems Director
H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3677 Stormwater Facility FENCE Project\2018
Stormwater Facility Fence Project\1000 Correspondence\City Correspondence\2019 Fencing Project -Memo to Clerk
AGENDA ITEM #7. b)
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CITY OF RENTON AGENDA ITEM #7J.oW
BID TABULATION SHEET
Project: 2019 Stormwater Facility Fencing Project (SWP-27-3677) - CAG-19-010
Date: February 6, 2019
FORMS
Bid Total from
Bidder
Schedule of Prices
Proposal
Bid
Dept
Cert
Addenda
Sched of
& Aff.
Bond
L&I
Compliance
1
Prices
*Includes Sales Tax
Commercial Fence
14420 Des Moines Memorial
Dr S
1 Seatac
x
x
x
x
x
x
$187,696.60
WA
98146
Eric
Duke
Judha of Lion Landscaping
& Services,
LLC
2 Maple Valley
x
x
x
x
x
x
$235,874.10
WA
Nahom
Estrada
K-A General Construction
Contr, LLC
PO Box 2304
3 Woodinville
x
x
x
x
x
x
$175,997.92
WA
98072
Kalwinder
Bran
RWS Construction, LLC
PO Box 1964
4 Issaquah
x
x
x
x
x
x
$229,705.38
WA
98027
Rex
Spencer
Engineer's Estimate $240,594.20
AGENDA ITEM #7. c)
AB - 2325
CITY OF
enton
SUBJECT/TITLE:
RECOMMENDED ACTION:
DEPARTMENT:
STAFF CONTACT:
EXT.:
N/A
Annexation Sales Tax Credit
Council Concur
Administrative Services Department
Jamie Thomas, Fiscal Services Director
6929
RCW 82.14.415 provides that cities may impose sales and use tax as a credit against the state sales and use tax
to provide for assistance the related costs for providing municipal services to newly annexed areas. In order to
levy this annexation sales and use tax, each year by March 1st, the City must report the estimated net cost to
provide municipal services to the annexed area for the State's upcoming fiscal year. If the City had levied and
collected sales and use tax in the prior fiscal year, it must also report the true and actual costs for providing
municipal services in the annexation for the preceding fiscal year.
This resolution is to satisfy the requirements of RCW 82.14.415(9) which certifies the true and actual costs to
serve the Benson Hill Annexation area exceeded revenues generated in the area by $4,344,000 for the State's
previous fiscal year ended June 30, 2018 (the City's 2017 fiscal year). RCW 82.14.415 (5)(a) limits the City to
imposing the tax to no more than ten years, and as of June 30, 2018, the City reached its maximum 10 year
limitation. Therefore, this will be the final report of true and actual net costs to provide municipal services to
the annexation area and the City will no longer be able to levy any portion of the State's sales and use tax to
assist with annexation related service costs to the Benson Hill annexation area.
A. Resolution
Approve the resolution identifying the true and actual costs to provide municipal services to the Benson Hill
annexation are for the States fiscal year ending June 30, 2018.
AGENDA ITEM #7. c)
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, REPORTING THE NET
COSTS OF PROVIDING MUNICIPAL SERVICES TO AN ANNEXATION AREA IN
SUPPORT OF A SALES AND USE TAX AUTHORIZED BY RCW 82.14.415 AS A CREDIT
AGAINST STATE SALES AND USE TAX.
WHEREAS, state law authorizes the reallocation of the sales tax already collected by the
state to be remitted to the City to assist with funding the costs of certain newly annexed areas;
and
WHEREAS, in accordance with Chapter 35A.14 RCW, the Council called for a special
election to be held, at which election the question of annexation was presented to the voters of
the Benson Hills Annexation Area; and
WHEREAS, the notice of intention to annex was filed with the King County Boundary
Review Board and subsequently approved; and
WHEREAS, in accordance with Chapter 35A.14 RCW the annexation was put to a vote of
the people in the annexation area; and
WHEREAS, King County Elections certified that the annexation had been approved by
voters; and
WHEREAS, following a favorable vote on the annexation proposition, the Council adopted
its Ordinance annexing said Benson Hill Communities Annexation Area effective March 1, 2008,
an annexation area that has a population greater than ten thousand (10,000) people; and
WHEREAS, the Council finds that the true and actual net costs to provide municipal
services to the annexation area totaled Four Million Three Hundred Forty -Four Thousand Dollars
1
AGENDA ITEM #7. c)
RESOLUTION NO.
($4,344,000) for the City's fiscal year 2017 and the State's fiscal year July 1, 2017, to June 30,
2018; and
WHEREAS, pursuant to RCW 82.14.415, the City is authorized, under the circumstances
of this annexation, to impose a sales and use tax, with that tax being a credit against the state
tax; and
WHEREAS, pursuant to the time limits established in RCW 82.14.415(5)(a), this is the
City's final report of its true and actual net costs to provide municipal services to the annexation
area in support of such a sales and use tax;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The above recitals are adopted by the Council.
SECTION II. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directions of this Resolution.
SECTION III. This Resolution shall take effect and be in full force upon passage and
signatures hereon.
PASSED BY THE CITY COUNCIL this day of 12019.
Jason Seth, City Clerk
APPROVED BY THE MAYOR this day of 12019.
Denis Law, Mayor
2
RESOLUTION NO.
AGENDA ITEM #7. c)
Approved as to form:
Shane Moloney, City Attorney
RES:1803:2/11/19:scr
AGENDA ITEM #7. d)
AB - 2331
C[TY OF
-----wwwo�Renton uOo�"
SUBJECT/TITLE: South King Housing and Homelessness Partners (SKHHP) Interlocal
Agreement
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Community & Economic Development Department
STAFF CONTACT: Mark Santos -Johnson, Economic Development Manager
EXT.: 6584
The City's share of the 2019 budget for SKHHP is $26,463 and the City's share of the 2020 projected budget for
SKHHP is $34,000.
The Cities of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Normandy Park, Renton, Tukwila, and
King County, (the "Participating Jurisdictions") are creating the South King Housing and Homelessness Partners
(SKHHP) to work together to more effectively address affordable housing and homelessness needs in our
communities. The Participating Jurisdictions agree to act cooperatively to formulate affordable housing
policies that address housing stability and to foster efforts to preserve and provide affordable housing by
combining public funding with private -sector resources. The SKHHP Interlocal Agreement sets forth the
purpose, structure, authority, responsibilities, and other elements of SKHHP, as well as the rights and
responsibilities of the Participating Jurisdictions.
A. Issue Paper
B. Draft SKHHP Interlocal Agreement
C. Draft Resolution
Staff recommends Council approve a resolution for the South King Housing and Homelessness Partners
Interlocal Agreement and authorize the Mayor to execute the SKHHP Interlocal Agreement in substantially the
same form.
AGEND,kAY&M #7. d)
DEPARTMENT OF COMMUNITY
& ECONOMIC DEVELOPMENT
M E M O R A N D U M
DATE: February 15, 2019
TO: Don Persson, Council President
Members of Renton City Council
VIA: Denis Law, Mayor
FROM: C. E. "Chip" Vincent, CED Administrator
STAFF CONTACT: Mark Santos -Johnson, Economic Development Manager
(ext. 6584)
SUBJECT: South King Housing and Homelessness Partners (SKHHP)
Interlocal Agreement
ISSUE:
Should the City Council approve the South King Housing and Homelessness Partners
(SKHHP) Interlocal Agreement and authorize the Mayor to execute the agreement?
RECOMMENDATION:
Staff recommends that the Council approve Resolution No. 1797 — South King Housing and
Homelessness Partners Interlocal Agreement and authorize the Mayor to execute the
SKHHP Interlocal Agreement in substantially the same form.
BACKGROUND:
The Cities of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Normandy Park,
Renton, Tukwila, and King County, (the "Participating Jurisdictions") are creating the South
King Housing and Homelessness Partners (SKHHP) to work together to more effectively
address affordable housing and homelessness needs in our communities.
SKHHP will help the Participating Jurisdictions to (i) cooperatively formulate affordable
housing policies and strategies that address housing stability; (ii) foster efforts to preserve
and provide affordable housing by combining public funding with private -sector resources;
and (iii) support implementation of the goals of the Washington State Growth
Management Act, related countywide planning policies, and other local policies and
programs relating to affordable housing, and to do so efficiently and expeditiously.
The collaborative model is based on similar approaches used in Snohomish County, East
King County, and other areas across the country. The concept is that by pooling resources
and working more intentionally together, jurisdictions in South King County can create new
staff capacity (i.e., two full-time equivalent staff initially) and work with each other to
AGENDA ITEM #7. d)
Don Persson, Council President
Page 2 of 2
February 15, 2019
develop plans, policy legislation, and new programs to better address affordable housing
and homelessness needs in our communities, as well as to help secure other resources and
work with to preserve existing housing and/or develop new affordable housing.
SKHHP will be governed by an executive board composed of either an elected official or
city manager/administrator for each Participating Jurisdiction, or their designated
representative. The executive board will oversee the creation and implementation of the
annual budget and work plan for SKHHP and designate one or more of the Participating
Jurisdictions to act as the administering agency for SKHHP. The 2019 budget is included in
the SKHHP Interlocal Agreement and the executive board will approve the 2019 work plan.
Each year thereafter, the legislative body of each Participating Jurisdiction will approve the
annual budget and work plan for SKHHP.
The SKHHP Interlocal Agreement sets forth the purpose, structure, authority,
responsibilities, and other elements of SKHHP, as well as the rights and responsibilities of
the Participating Jurisdictions. The SKHHP Interlocal Agreement includes an initial two-year
commitment for all of the Participating Jurisdictions. The City's share of the 2019 budget
for SKHHP is $26,463 and the City's share of the 2020 projected budget for SKHHP is
$34,000.
CONCLUSION:
To more effectively address affordable housing and homelessness needs in South King
County, the City of Renton is joining with the Cities of Auburn, Burien, Covington, Des
Moines, Federal Way, Kent, Normandy Park, Tukwila, and King County to create the South
King Housing and Homeless Partners. The SKHHP Interlocal Agreement sets forth the
responsibilities and requirements for Participating Jurisdictions to act cooperatively to
formulate affordable housing policies that address housing stability and to foster efforts to
preserve and provide affordable housing by combining public funding with private -sector
resources.
cc: Robert Harrison, CAO
Jason Seth, City Clerk
Jan Hawn, Administrative Services Administrator
Kelly Beymer, Community Services Administrator
Cliff Long, Economic Development Director
AGENDA ITEM #7. d)
Draft Interlocal Agreement for SKHHP
South King Housing and Homelessness Partners
(Effective Date: January 1, 2019)
This Interlocal Agreement ("Agreement") is entered into by
and between the Cities of Auburn, Burien, Covington, Des Moines,
Federal Way, Kent, Normandy Park, Renton, Tukwila, and King
County, each municipal corporations and political subdivisions
of the State of Washington (individually, a "Party" and
collectively, the "Parties"). This Agreement relates to the
creation and operation of a joint undertaking among the Parties
hereto to be known as the South King Housing and Homelessness
Partners ("SKHHP"). This Agreement is made pursuant to the
Interlocal Cooperation Act, chapter 39.34 RCW, and has been
authorized by the legislative body of each jurisdiction.
WHEREAS, the Parties have a common goal to ensure the
availability of housing that meets the needs of all income
levels in South King County; and
WHEREAS, the Parties wish to provide a sound base of
housing policies and programs in South King County and to
complement the efforts of existing public and private
organizations to address housing needs in South King County; and
WHEREAS, the Parties wish to act cooperatively to formulate
affordable housing policies and strategies that address housing
stability, to foster efforts to preserve and provide affordable
housing by combining public funding with private -sector
resources, to support implementation of the goals of the
Washington State (the "State") Growth Management Act, related
countywide planning policies, and other local policies and
programs relating to affordable housing, and to do so
efficiently and expeditiously; and
WHEREAS, the Parties have determined that the most
efficient and expeditious way for the Parties to address
affordable housing needs in South King County is through
cooperative action and pooling public and private resources; and
WHEREAS, the intent of this cooperative undertaking is not
to duplicate efforts of non-profit corporations and other
entities already providing affordable -housing -related services;
and
1
SKHHP Interlocal Agreement February 06, 2019
AGENDA ITEM #7. d)
WHEREAS, a cooperative work plan with a primary focus on
the production and preservation of affordable housing, is needed
because the lack of access to affordable housing is one of the
key contributors to homelessness;
NOW, THEREFORE, in consideration of the mutual promises,
benefits and covenants contained in this Agreement and other
valuable consideration, the sufficiency of which is
acknowledged, the Parties agree to the above Recitals and the
following terms and conditions:
1. DEFINITIONS. The following terms used in this
Agreement are defined as follows:
a. Administering Agency - One or more of the Parties
that will provide administrative support services on behalf of
SKHHP. The Administering Agency will be the fiscal agent for
SKHHP in accordance with the requirements of chapter 39.34 RCW.
One Party could serve as the fiscal agent and another Party
could serve as the administrative home for SKHHP staff.
b. Advisory Board - A board consisting of 12 to 15
community members appointed by the Executive Board to provide
advice and recommendation to the Executive Board on land and/or
money resource allocation for affordable housing projects, input
on policy needs related to housing stability, program design and
development, recommendations for emergency shelter and other
immediate affordable housing needs, and to provide public
education and community outreach services.
C. Executive Board - The governing board for SKHHP
comprised of members as provided herein, which will act on
behalf of all Parties and as may be in the best interest of
SKHHP in order to carry out the purposes of this Agreement.
d. Housing Capital Funds Account - An account
established by the Administering Agency within the SKHHP Fund
for the purpose of administering the contributions of Parties,
or other public or private entities, to affordable housing
projects and programs, to be known as the SKHHP Housing Capital
Funds Account. The amounts in the Housing Capital Funds Account
will be held and disbursed by the Administering Agency.
e. Individual Account (s) - One or more subaccounts
I
SKHHP Interlocal Agreement February 06, 2019
AGENDA ITEM #7. d)
established within the Housing Capital Funds Account for each
Party to this Agreement that chooses to contribute to the
Housing Capital Funds Account. Contributions to an Individual
Account from a Party may be released only upon, and in
accordance with, the written direction of that Party.
f. SKHHP Fund - A special fund established by the
Administering Agency, as authorized by RCW 39.34.030, to be
known as the `Operating Fund of the SKHHP Executive Board".
Within the SKHHP Fund may be established various accounts and
subaccounts including but not limited to a "SKHHP Operating
Account" and a "Housing Capital Funds Account".
g. SKHHP Operating Account - An account created by
the Administering Agency for the receipt of contributions from
the Parties and other private or public entities, for the
purpose of paying for the operations of and supporting the SKHHP
annual budget.
h. SKHHP Program Manager - The lead staff for SKHHP,
reporting to the Executive Board, responsible for carrying out
the SKHHP annual work plan and other terms of this Agreement.
i. SKHHP Staff - The full-time and part-time staff
hired or assigned with the responsibility for carrying out the
SKHHP work plan.
j. Sphere of Influence - The area in South King
County where SKHHP is expected to conduct its work, as further
described in Exhibit A.
2. PURPOSE. All Parties to this Agreement have
responsibility for local and regional planning for the provision
of housing affordable to residents that work and/or live in
South King County. The Parties agree to act cooperatively to
formulate affordable housing policies that address housing
stability and to foster efforts to preserve and provide
affordable housing by combining public funding with private -
sector resources. In order to accomplish the purposes of this
Agreement, the Parties agree to create a joint and cooperative
undertaking responsible for administering the activities
described herein. The cooperative undertaking among the Parties
will be called the South King Housing and Homelessness Partners
("SKHHP"). The Parties further intend that this Agreement serve
as a framework for all participating municipalities within the
broader SKHHP Sphere of Influence to do the aforementioned work.
The Parties encourage other cities and other public and private
3
SKHHP Interlocal Agreement February 06, 2019
AGENDA ITEM #7. d)
entities in South King County within the SKHHP Sphere of
Influence to join the Parties in this endeavor.
3. STRUCTURE; CREATION OF JOINT BOARD. By executing this
Agreement, the Parties hereto create a joint board pursuant to
RCW 39.34.030(4) to govern SKHHP. The joint board created by
this Agreement will be called the "Executive Board" and will be
composed of members as provided for in Section 5.a of this
Agreement. The Joint Board created in this Agreement is not a
separate legal or administrative entity within the meaning of
RCW 39.34.030(3). The Executive Board will act on behalf of all
Parties and as may be in the best interest of SKHHP in order to
carry out the purposes of this Agreement. The Executive Board
is not authorized to own assets or have employees.
4. RESPONSIBILITIES AND AUTHORITY. In order to carry out
the purposes of SKHHP and this Agreement, the Executive Board
will have the responsibility and authority to:
a. Create and implement an annual work plan approved
by the Executive Board to guide the work of SKHHP Staff. The
work plan will include activities that may benefit multiple
participating jurisdictions or individual jurisdictions. The
work plan activities will be consistent with the purpose
described in this Agreement.
b. Provide recommendations to the Parties regarding
the allocation of public and private funding for affordable
housing purposes.
C. Direct the Administering Agency to enter into
agreements with third parties for the use and application of
public and private funds contributed by individual Parties to
the SKHHP Housing Capital Funds Account established in Section
14, under terms and conditions as may be agreed by the
individual contributing Parties, as further described in Section
14. At least annually, report to the Parties on the geographic
distribution of all housing capital funds as recommended by the
SKHHP Executive Board.
d. Guide the SKHHP Staff in the performance of the
following duties:
i. Provide recommendations to the Parties regarding
local and regional affordable housing policies.
SKHHP Staff will assist the Parties in developing
strategies and programs to achieve State Growth
I
SKHHP Interlocal Agreement February 06, 2019
AGENDA ITEM #7. d)
Management Act housing goals, growth targets,
local Comprehensive Plan Housing Element goals,
and local housing strategy plans, as appropriate.
ii. SKHHP Staff will provide technical assistance to
any Party considering adoption of land use
incentives or requirements, or affordable housing
programs. SKHHP Staff will research model
programs, develop draft legislation, prepare
briefing materials and make presentations to
planning commissions and councils on request by a
Party. SKHHP Staff will assist Parties in
developing strategies and programs to implement
county -wide affordable housing policies to meet
State Growth Management Act objectives, growth
targets, local Comprehensive Plan Housing Element
goals, and local housing strategy plans for an
equitable and rational distribution of low- and
moderate -income housing.
iii. Facilitate cooperation between the private and
public sector with regard to the provision of
affordable housing. SKHHP Staff will communicate
directly with private developers, financial
institutions, non-profit corporations and other
public entities to assist in the implementation
of affordable housing projects. SKHHP Staff will
work directly with any Party to provide technical
assistance with regard to the public funding of
affordable housing projects and the
implementation of affordable housing regulatory
agreements for private developments.
iv. SKHHP Staff will also identify public and private
sites that are available for affordable housing
and develop affordable housing alternatives for
such sites.
V. After the Housing Capital Fund is created,
develop standard regulatory agreements acceptable
to private and public financial institutions to
facilitate the availability of funding for
private and public projects containing affordable
housing.
vi. Provide other technical advice to any Party upon
request and to enter into agreements to provide
5
SKHHP Interlocal Agreement February 06, 2019
AGENDA ITEM #7. d)
technical assistance to other public entities on
a reimbursable basis.
vii. Provide support and educational activities and to
monitor legislative and regulatory activities and
proposed policy changes related to affordable
housing at the county, state and federal levels.
Ensure that the Parties to this Agreement have a
strong South King County voice in regional
decision making.
viii. After the Housing Capital Fund is created,
develop and carry out procedures for monitoring
of affordable units and to administer direct
service housing programs on behalf of any Party.
Such direct service housing programs may include
but are not limited to relocation assistance
programs, rent voucher and/or deposit loan
programs.
ix. Work directly with other public and private
entities for the development of affordable
housing policies and encourage the provision and
preservation of affordable housing.
X. Work with the Advisory Board appointed under this
Agreement and South King County agencies working
on regional housing stability and housing
affordability, identify trends and promising
practices, and mobilize those agencies to support
South King County positions in regional decision -
making forums.
Xi. Support public and private fundraising efforts of
public and private entities (including non-profit
corporations) to raise funds to carry out the
purposes of this Agreement. Enter into
agreements with those entities for the use of
such funds in order to carry out the purposes of
this Agreement.
xii. As directed by the Executive Board, accept public
and private funding, invest those funds in
accordance with State law, and take other
appropriate and necessary action to carry out the
purposes of this Agreement.
0
SKHHP Interlocal Agreement February 06, 2019
AGENDA ITEM #7. d)
5. EXECUTIVE BOARD.
a. Membership. SKHHP will be governed by an
Executive Board composed of either an elected official or City
Manager/Administrator for each city and the King County
Executive, or their designated representative, of each Party.
However, there will not be more than two members on the
Executive Board representing cities with population less than
5,000 persons, unless approved by the Executive Board. In the
event that there are more than two Parties to this Agreement
with population less than 5,000 persons, then those Parties will
propose to the Executive Board for the Executive Board's
approval, a method for shared membership on the Executive Board
by those Parties.
Municipalities, local governments and public agencies within the
Sphere of Influence may become Parties to this Agreement with
representation on the Executive Board described in this Section
5, upon satisfaction of the requirements of Section 20.
Any member of the Executive Board representing more than one
Party must be approved by the chief executive officer of those
Parties being represented by the shared Executive Board member.
The Executive Board will administer this cooperative undertaking
under the terms of this Agreement and under any procedures
adopted by the Executive Board.
b. Chair. The Chair of the Executive Board will be
elected by the members of the Board from the Board membership;
will preside over all meetings of the Executive Board; and will,
in the absence of a Program Manager provided for in Section 6 of
this Agreement, process issues, organize meetings and provide
for administrative support as required by the Executive Board.
The Chair will serve a one-year term, but may be reelected by
the Executive Board.
C. Alternate Member. Each member of the Executive
Board may designate one alternate member who will serve in the
place of the member on the Executive Board during the member's
absence or inability to serve. Notice of the designation will
be provided to the Chair of the Executive Board. An alternate
member may only vote on behalf of the appointing Party if the
Chair has received written notice of the alternate's
appointment.
d. Powers. The Executive Board will have the power
to (1) develop and approve an annual budget and annual work plan
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for SKHHP; (2) adopt procedures for the administration of SKHHP
(including securing any necessary legal counsel) and for the
conduct of meetings; (3) make recommendations to the Parties
concerning planning, policy, programs and the funding of
affordable housing projects; (4) establish policies for the
expenditure of SKHHP budgeted items; (5) designate one or more
Administering Agencies to carry out the terms of this Agreement;
(6) establish a special fund with the Administering Agency as
authorized by RCW 39.34.030, to be known as the "Operating Fund
of the SKHHP Executive Board" ("SKHHP Fund") within which Fund
may be established various accounts and subaccounts including
but not limited to a "SKHHP Operating Account"(into which will
be deposited funding for the SKHHP operating budget) and a
"Housing Capital Funds Account"; (7) hold regular meetings on
those dates and at those places as the Executive Board may
designate; (8) direct the Administering Agency to enter into
contracts and agreements for the provision of personnel and
other necessary services to SKHHP, including accounting and
legal services and the purchase of insurance, and authorize the
Administering Agency to execute such other contracts, agreements
or other legal documents necessary with public and private
entities for SKHHP to carry out its purposes; (9) establish the
responsibilities for the SKHHP Program Manager, direct and
oversee the Administering Agency in the hiring process and
performance review for that position and direct and oversee the
activities of the SKHHP Program Manager; (10) appoint members of
the Advisory Board; (11) assist with incorporating and/or work
with a non-profit corporation to accept grants, donations and
other funds on behalf of SKHHP and direct the Administering
Agency to enter into contracts or other agreements with such
agency for the use of those funds to carry out the purposes of
this Agreement; and (12) take whatever other action is necessary
to carry out the purposes of this Agreement.
6. ADMINISTRATION AND OVERSIGHT. The Executive Board
will have final decision -making authority on behalf of SKHHP
over all legislative and administrative matters within the scope
of this Agreement. The Executive Board may delegate
responsibility for general oversight of the operations of SKHHP
to a Program Manager. The SKHHP Program Manager will submit
quarterly budget performance and progress reports on the status
of the work program elements to the Executive Board and the
legislative body of each Party. The reports and their contents
will be in a form acceptable to the Executive Board.
The Executive Board will, by two-thirds supermajority vote,
designate one or more of the Parties to serve as the
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AGENDA ITEM #7. d)
Administering Agency, which will provide administrative support
services on behalf of SKHHP. The Administering Agency will be
the fiscal agent for SKHHP in accordance with the requirements
of chapter 39.34 RCW. Each Party that serves in the capacity of
Administering Agency hereby agrees to comply with the terms of
this Agreement applicable to the Administering Agency in order
to permit SKHHP to carry out its purposes. SKHHP will be
staffed with personnel provided by the Parties and/or
independent contractors contracting with the Administering
Agency on behalf of SKHHP.
Any Party providing personnel to SKHHP will remain solely
responsible for the continued payment of all compensation and
benefits to those personnel as well as for any worker's
compensation claims. All Parties will cooperate fully in
assisting SKHHP to provide the services authorized in this
Agreement.
7. MEETINGS OF EXECUTIVE BOARD.
a. Frequency. The Executive Board will meet as
often as it deems necessary, but not less often than quarterly.
b. Quorum. A quorum at any meeting of the Executive
Board will consist of the Board members (or alternates) who
represent a simple majority of the Board's membership. Executive
Board members (or alternates) may participate in any meeting by
phone or video conferencing for all purposes, including but not
limited to voting and establishing a quorum.
C. Action. No action may be taken except at a
meeting where a quorum exists. Action by the Executive Board
requires an affirmative vote by a majority of the Board's
membership, provided however, that a supermajority (two-thirds
of Board members) will be required to appoint the Administering
Agency, to add a new Party to this Agreement, or to modify the
proposed contribution methodology for dues and assessments (see
Section 15). Official action by the Executive Board may be
conducted by motion, resolution, declaration, or other means as
determined to be necessary by the Executive Board, provided
however, appointment of the Administering Agency or Agencies
shall be completed by resolution. All official action of the
Executive Board shall be recorded in its official minutes. Each
Executive Board member, or his or her alternate, will have one
vote on any proposed action; except that shared member voting
shall be in accordance with the Executive Board's approval under
Section 5 (a). Proxy voting will not be allowed. To the extent
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applicable to meetings of the Executive Board, the Executive
Board will comply with applicable requirements of the Washington
State Open Public Meetings Act (chapter 42.30 RCW).
8. ADVISORY BOARD. The Executive Board will create an
Advisory Board to provide advice and recommendation to the
Executive Board on land and/or money resource allocation for
affordable housing projects, input on policy needs related to
housing stability, program design and development,
recommendations for emergency shelter and other immediate
affordable housing needs, and to provide public education and
community outreach services. The Advisory Board will be created
before the end of the first year of SKHHP operations (with the
start of the year defined as the hiring of the SKHHP Program
Manager). The Advisory Board will consist of not more than
fifteen (15) and not less than twelve (12) community members.
The Executive Board will appoint members to the Advisory Board.
Members appointed to the Advisory Board must have knowledge and
understanding of affordable housing, be committed to the
furtherance of affordable housing in South King County, and
represent diverse community perspectives. Appointments will be
for a four-year term with service limited to a total of two
consecutive terms. The Executive Board will adopt procedures
for the convening and administration of the Advisory Board. A
member may be removed from the Advisory Board by the Executive
Board with or without cause on a majority vote of membership of
the Executive Board.
9. MEETINGS OF ADVISORY BOARD.
a. Frequency. The Advisory Board will meet as often
as it deems necessary, but not less often than quarterly.
b. Quorum. A quorum at any meeting of the Advisory
Board will consist of the Board members who represent a simple
majority of the Board's membership. Advisory Board members may
participate in any meeting by phone or video conferencing for
all purposes, including but not limited to voting and
establishing a quorum.
C. Action. No action may be taken except at a
meeting where a quorum exists. Action by the Advisory Board
requires an affirmative vote by a majority of those members
attending a Board meeting where a quorum exists. Official
action by the Advisory Board may be conducted by motion,
resolution, declaration, or other means as determined to be
necessary by the Advisory Board. Proxy voting is not allowed.
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To the extent applicable to meetings of the Advisory Board, the
Advisory Board will comply with applicable requirements of the
Washington State Open Public Meetings Act (chapter 42.30 RCW).
10. AGREEMENT DURATION. This Agreement will be in full
force and effect for a period commencing as provided in Section
34, and ending December 31 2020. This Agreement will
automatically renew for successive two-year terms, unless sooner
terminated under the provisions of this Agreement.
11. TERMINATION OF AGREEMENT. This Agreement may be
terminated at any time by affirmative vote of a majority of the
legislative bodies of the Parties to this Agreement.
Upon termination of this Agreement, all property acquired during
the life of the Agreement will be disposed of in the following
manner:
a. all property contributed without charge by any
Party will revert to the contributing Party;
b. all property purchased on behalf of SKHHP after
the effective date of this Agreement will be distributed to the
Parties based on each Party's pro rata contribution to the
overall budget at the time the property was purchased;
C. except as provided in Subsection d. below, all
unexpended or reserve funds will be distributed to the Parties
based on each Party's pro rata contribution to the overall
budget in effect at the time the Agreement is terminated;
d. all uncommitted monies in the Housing Capital
Funds Account will be distributed to the Parties by remitting
the total uncommitted amounts remaining in each Party's
Individual Account (as described in Section 14) to that Party;
and
e. each Party that has funded a project through the
Housing Capital Funds Account will be substituted for the
Administering Agency with regard to all project financing
documents, and the Administering Agency will be released from
further obligations with respect thereto.
12. WITHDRAWAL. If a Party wishes to withdraw from
participation in this Agreement, it may do so after the initial
two year term if it first gives three months advance written
notice to the Executive Board of its intention to withdraw,
which notice will be due on or before October 1, 2020. If notice
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of an intent to withdraw is timely received, withdrawal will be
effective as of 11:59 p.m. on December 31, 2020. The initial
members of SKHHP agree they will participate for at least the
first two years of the collaboration.
After January 1, 2021, an opportunity is provided once per year
for a Party to withdraw from this Agreement. Under this
provision, advance written notice must be provided to the
Executive Board on or before July 1, of its intention to
withdraw from participation in the Agreement, effective as of
11:59 p.m. on December 31st of that current year.
Any Party withdrawing from this Agreement will remain legally
and financially responsible for any obligation incurred by the
Party pursuant to the terms of this Agreement, including but not
limited to any project financing documents executed by the
Administering Agency on behalf of that Party, during the time
the withdrawing Party was a member of SKHHP. A notice of
withdrawal may be revoked by the Party that submitted the notice
only by approval of a majority of the Executive Board to accept
the revocation. Any Party that provides written notice of its
intent to withdraw may continue to vote on all matters before
the Executive Board prior to the effective date of its
withdrawal, except the budget and work plan for the following
year.
13. BUDGET. The fiscal year for SKHHP will be January 1
to December 31 of any year. The first year budget and
anticipated second year budget for SKHHP are attached to this
Agreement as Exhibit B and incorporated herein by this
reference. Approval of this Agreement by the legislative body of
each Party includes approval of the first year SKHHP budget. For
subsequent years, on or before June 1st of each year, a
recommended operating budget and work plan for SKHHP for the
next budget year will be prepared, reviewed and recommended by
the Executive Board and transmitted to each Party. The
recommended operating budget will contain an itemization of all
categories of budgeted expenses and will contain an itemization
of the amount of each Party's contribution, including in -kind
services, toward that budget. Contributions to the SKHHP annual
budget may also come from other public or private entities. The
Executive Board will approve acceptance of those contributions.
a. No recommended budget or work plan will become
effective until approved by the legislative body of each Party
and adopted by the Executive Board, except for SKHHP's first
year (2019) . For the first year, the budget will be approved as
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AGENDA ITEM #7. d)
part of the approval of this Agreement, and the first year work
plan must be approved by the Executive Board. Once the
legislative body of each Party has approved its contribution to
SKHHP, either separately or through its budget process, and the
SKHHP budget has been adopted by the Executive Board, each Party
will be obligated to make whatever contribution(s) is budgeted
for that Party. If a Party does not approve the work plan or
budget in a timely manner, the Executive Board may adopt the
annual budget and work plan with a two-thirds majority vote.
b. Each Party's contribution(s) will be transmitted
to SKHHP on a quarterly basis at the beginning of each quarter
unless otherwise provided in the budget document. Each Party
will specify the amount of its contribution to be deposited by
the Administering Agency into the SKHHP Operating Account, as
well as the amount, if any, to be deposited into the Party's
Individual Account within the SKHHP Housing Capital Funds
Account established by Section 14.
C. If any Party is delinquent by more than three
months in the payment of its approved operating budget
contribution to the SKHHP Operating Account, that Party will not
be entitled to vote on matters before the Executive Board until
the delinquency has been paid. A Party's decision not to
contribute funds to its Individual Account, or its delinquency
in funding the same will not affect that Party's voting rights
on the Executive Board.
14. HOUSING CAPITAL FUNDS ACCOUNT ESTABLISHED; PROCEDURES
FOR ADMINISTERING HOUSING CAPITAL FUNDS ACCOUNT CONTRIBUTIONS.
If authorized by resolution of the Executive Board, the
Administering Agency may establish and maintain an account
within the SKHHP Fund for the purpose of administering the
contributions of Parties, or other public or private entities,
to affordable housing projects and programs, to be known as the
SKHHP Housing Capital Funds Account. The amounts in the Housing
Capital Funds Account will be held and disbursed by the
Administering Agency as described in this Agreement.
a. Within the Housing Capital Funds Account, a sub -
account will be established for each Party to this Agreement
that chooses to contribute to the Housing Capital Funds Account.
Such sub -accounts are collectively referred to as the
"Individual Accounts." Contributions to an Individual Account
from a Party may be released only upon, and in accordance with,
the written direction of that Party.
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b. A subaccount will be established within each
Individual Account for each project or program funded in whole
or part by a Party from its Individual Account. Such sub -
accounts are referred to as "Project Accounts."
C. The Administering Agency will maintain records
sufficient to separately track the deposits, withdrawals and
interest earnings, within each Individual Account and each
Project Account, and will provide quarterly reports to all
Parties as to the status of funds in each Individual Account and
Project Account. The Administering Agency's responsibilities
under this Section may be delegated to the SKHHP Program Manager
to the extent consistent with applicable law and as the
Administering Agency and Executive Board may agree.
d. Funds transmitted to SKHHP for deposit in the
Housing Capital Funds Account will be held by the Administering
Agency on behalf of SKHHP until directed for application to a
specific project or program by the contributing Party.
Uncommitted funds in an Individual Account will be remitted to
the contributing Party within 45 days of receipt of written
request from the Party signed by its chief executive officer, or
upon the Party's withdrawal from SKHHP in accordance with the
terms of Section 12, or on the dissolution of SKHHP per Section
11.
e. Funds held by the Administering Agency on behalf
of SKHHP will be subject to laws applicable to public funds,
including but not limitations on investments for public funds as
provided in State law and the State constitutional limitations
on the gifting of public funds. Investment earnings will be
credited to each Individual Account and Subaccount on a pro rata
basis.
f. The Executive Board will develop standard forms
of approvals and agreements to be used in the application of
funds contributed to the Housing Capital Funds Account
(collectively referred to as "project financing documents"),
consistent with the following goals and procedures:
i. Each Party choosing to participate in funding a
project or program through the Housing Capital
Funds Account will by action of its legislative
body authorize the application of a specified
amount of its Individual Account monies to such
project or program, and will authorize and direct
the SKHHP Executive Board, the SKHHP Program
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AGENDA ITEM #7. d)
Manager, and the Administering Agency to take
such actions as necessary to accomplish this. The
Executive Board will recommend to the individual
legislative bodies various terms to accompany
their authorizations, and the legislative body
authorizations will at a minimum include terms
related to:
1. amount of funds allocated;
2. project description, including minimum
affordability requirements, if any;
3. nature of the funding commitment (loan, grant,
or other);
4. in the event the funding commitment is
provided as a loan, the general repayment
terms including but not limited to the term of
the loan and applicable, interest rate(s); and
5. a general description of the security
interests, if any, to be recorded in favor of
the Party.
ii. For each individual housing project or program to
be funded through the Housing Capital Funds
Account, the developer, owner or administrator of
such project or program (generally referred to as
the "developer"), will enter into the necessary
set of agreements (project financing documents)
with the Administering Agency. The project
financing documents will specify that the
Administering Agency is acting as administering
agency on behalf of each Party that is providing
Housing Capital Funds Account funding to the
project or program pursuant to this Agreement and
RCW 39.34.030(4), and will identify each
participating funding Party. The project
financing documents will be consistent with
general forms of agreement approved by the
Executive Board and the terms and conditions
approved by the legislative bodies of the funding
Parties. To the extent permitted by law, the
project financing agreements will incorporate all
terms and conditions relative to the use and (if
applicable) repayment of such funds, and provide
for transfer of the Housing Capital Funds Account
monies from the funding Parties to the developer.
iii. Funding contributions to, and repayments (if any)
from, specific projects and programs will be
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AGENDA ITEM #7. d)
recorded by the Administering Agency, including
recording of monies deposited and withdrawn from
each Party's Individual Account and Project
Accounts. Repayments (if any) under any project
financing agreement will be applied pro rata to
the funding Parties' Individual Accounts based on
the ratio of funding contributed to the project
by each Party, unless the funding Parties
otherwise agree.
iv. Unless the Parties funding a project or program
through the Housing Capital Funds Account
otherwise agree, a default, termination or other
action against a developer or other third party
may be declared only after securing approval in
writing of the chief executive officers of
funding Parties which together have contributed
not less than 510 of the total SKHHP member
funding to the project. The Administering Agency
will provide reasonable notice and information
regarding the status of projects as necessary to
each funding Party's chief executive officer to
allow them to make a timely decision in this
regard. Funding Parties not consenting to such
default, termination or other action will be
bound by the decision of the majority. All
funding Parties will be obligated on a pro rata
basis (based on their contributions to the
project) to pay to the Administering Agency its
reasonable costs and expenses incurred as a
result of declaring a default, terminating an
agreement or taking other action against a
developer or other third party. Any funds
recovered through such enforcement proceedings
will be allocated to the funding Parties
Individual Accounts pro rata based on their
respective funding contributions to a project.
V. The Executive Board may from time to time
authorize the Administering Agency to administer
housing project agreements entered into before
the effective date of this Agreement, upon terms
consistent with this Agreement and subject to the
consent of the Administering Agency and the
Parties to such agreements.
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AGENDA ITEM #7. d)
15. DUES, ASSESSMENTS AND BUDGET AMENDMENTS. Contributions
to the SKHHP Operating fund will be based on groupings of like -
sized cities (based on population), or whatever contribution
methodology is approved by a two-thirds majority of the
Executive Board. Funding for the activities of SKHHP will be
provided solely through the budgetary process. Unless otherwise
specified in this Agreement, no dues, charges or assessments
will be imposed or required of the Parties except upon unanimous
vote of the membership of the Executive Board and ratification
by the legislative body of each Party subject to the dues,
charges or assessments. An approved budget (the overall
revenues and expenditures) will not be modified until approved
by the legislative body of each Party and finally adopted by the
Executive Board. If a Party agrees to totally fund an additional
task to the work program, not currently approved in the budget,
the task may be added to the work plan and the budget amended to
reflect the funding of the total cost of such task by the
requesting Party, upon approval by a majority of the membership
of the Executive Board without approval by the individual
Parties. Notwithstanding the foregoing, contributions by a Party
to its Individual Account within the Housing Capital Funds
Account will be solely within the discretion of that Party and
are not considered `dues or assessments."
16. PUBLIC RECORDS REQUESTS. Records of SKHHP will be held
by the Administering Agency, in addition to any records the
Parties themselves may retain concerning their participation in
SKHHP. These records may include meeting agendas, meeting
summaries, reports, plans, budgets, and other documents.
When a Party receives a request for records that may be held by
the Administering Agency, the Party will refer the request to
its own Executive Board member. The Party's Executive Board
member will then work with the Administering Agency to gather
all responsive records. The Party receiving the request should
work with its own public records staff (if any) to describe the
request with sufficient specificity to allow the Administrative
Agency to identify and provide the records being sought. If any
clarification of the request is required, the Party receiving
the request will obtain that clarification from the requester.
All communication with the requester will be by the Party to
whom the request was submitted.
In consultation with the Administering Agency, it will be the
responsibility of the Party to whom the request for records was
made to estimate the time it will need to produce responsive
records, determine which records are responsive to the request,
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and address any redactions permitted by law. The Party that
receives the request will bear the responsibility of complying
with the Public Records Act in relation to its public records.
Nothing in this Section is intended to require a Party to
collect or produce records that are not prepared, owned, used,
or retained by that Party as contemplated by the Public Records
Act.
17. INDEMNIFICATION AND HOLD HARMLESS.
a. Each Party will indemnify, defend and hold other
Parties (including without limitation the Party serving as, and
acting in its capacity as, SKHHP's Administering Agency), their
officers, officials, agents and volunteers harmless from any
and all claims, injuries, damages, losses or suits including
attorney fees, arising out of that Party's wrongful acts or
omissions in connection with the performance of its obligations
under this Agreement, except to the extent the injuries or
damages are caused by another Party. If there is any recovery
under this Section, the Party responsible for any wrongful acts
or omissions will pay any judgment or lien arising from the acts
or omissions, including all costs and other Parties' reasonable
attorney's fees. If more than one Party is held to be at fault,
the obligation to indemnify and to pay costs and attorney's
fees, will be only to the extent of the percentage of fault
allocated to each respective Party by a final judgment of the
court.
b. If a court of competent jurisdiction determine
that this Agreement is subject to RCW 4.24.115, then, in the
event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the
concurrent negligence of a Party (including without limitation
the Party serving as, and acting in its capacity as, SKHHP's
Administering Agency), its officers, officials, employees, and
volunteers, the Party's liability hereunder will be only to the
extent of the Party's negligence. It is further specifically
and expressly understood that the indemnification provided
herein constitutes the Party's waiver of immunity under
Industrial Insurance Title 51 RCW, solely for the purpose of
this indemnification. This waiver has been mutually negotiated
by the Parties. The provisions of this Section will survive the
expiration or termination of this Agreement.
C. Each Party (including without limitation the
Party serving as, and acting in its capacity as, SKHHP's
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AGENDA ITEM #7. d)
Administering Agency) will give the other Parties proper notice
of any claim or suit coming within the purview of these
indemnities.
18. INSURANCE. The Executive Board, SKHHP Program Manager
and the Administering Agency will take such steps as are
reasonably practicable to minimize the liability of the Parties
associated with their participation in this Agreement, including
but not limited to the utilization of sound business practice.
The Executive Board will determine which, if any, insurance
policies may be reasonably practicably acquired to cover the
operations of SKHHP and the activities of the Parties pursuant
to this Agreement (which may include general liability, errors
and omissions, fiduciary, crime and fidelity insurance), and
will direct the acquisition of same.
19. AMENDMENTS. Any amendments to this Agreement must be
in writing. This Agreement may be amended upon approval of at
least two-thirds of the legislative bodies of all Parties to
this Agreement, evidenced by the authorized signatures of those
Parties as of the effective date of the amendment. However, any
amendment to this Agreement affecting the terms and conditions
of membership on the Executive Board, powers of the Executive
Board, voting rights of Executive Board members, Party
contribution responsibilities, hold harmless and indemnification
requirements, provisions regarding duration, termination or
withdrawal, or the conditions of this Section will require
consent of the legislative authorities of all Parties. This
Section will not be construed to require amendment of this
Agreement for the addition of a new Party contemplated under
Section 20 or for any related revision to Executive Board
membership authorized in Section 5(a).
20. ADDITIONAL PARTIES. Municipalities, local governments
and public agencies within the SKHHP Sphere of Influence may, on
execution of the Agreement and approval of the budget and work
plan by its legislative body, become a Party to this Agreement
on affirmative vote of a two-thirds majority of the membership
of the Executive Board. The Executive Board will determine by a
vote of a majority of its membership what, if any, funding
obligations the additional Party will commit to as a condition
of becoming a Party to this Agreement.
21. SEVERABILITY. The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this Agreement,
will not affect the validity of the remaining provisions of the
Agreement.
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22. CONFLICT RESOLUTION. Whenever any dispute arises
between the Parties or between a Party or Parties, the Executive
Board, or the Administering Agency (referred to collectively in
this Section as the "Parties") under this Agreement which is not
resolved by routine meetings or communications, the parties
agree to seek resolution of such dispute in good faith by
meeting, as soon as feasible. The meeting will include the
Chair of the Executive Board, the SKHHP Program Manager, and the
representatives) of the Parties involved in the dispute. If
the parties do not come to an agreement on the dispute, any
party may pursue mediation through a process to be mutually
agreed to in good faith between the parties within 30 days,
which may include binding or nonbinding decisions or
recommendations. The mediator(s) will be individuals skilled in
the legal and business aspects of the subject matter of this
Agreement. The parties to the dispute will share equally the
costs of mediation and assume their own costs.
23. SURVIVABILITY. Notwithstanding any provision in this
Agreement to the contrary, the provisions of Section 10
(Agreement Duration), Section 11 (Termination of Agreement),
Section 12 (Withdrawal), Section 16 (Public Records Requests),
and Section 17 (Indemnification and Hold Harmless) will remain
operative and in full force and effect, regardless of the
withdrawal or termination of any Party or the termination of
this Agreement.
24. WAIVER. No term or provision of this Agreement will
be deemed waived and no breach excused unless that waiver or
consent is in writing and signed by the Party claimed to have
waived or consented.
25. SUBSEQUENT BREACH. Waiver of any default will not be
deemed a waiver of any subsequent default. Waiver of breach of
any provision of this Agreement will not be deemed to be a
waiver of any other or subsequent breach and will not be
construed to be a modification of the terms of the Agreement
unless stated to be such through written approval of all
Parties.
26. NOTICE. Any notice to the Executive Board will be in
writing and will be addressed to the Chair of the Executive
Board and to the SKHHP Program Manager. In the absence of a
SKHHP Program Manager, notice will be given to the chief
executive officer of the Administering Agency. Any notice to an
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AGENDA ITEM #7. d)
Officer or Party will be sent, to the address specified by the
chief executive officer of the Party.
27. ASSIGNMENT. No Party may sell, transfer or assign any
of its rights or benefits under this Agreement without Executive
Board approval.
28. APPLICABLE LAW AND VENUE. This Agreement and any
rights, remedies, or obligations provided for in this Agreement
will be governed, construed, and enforced in accordance with the
substantive and procedural laws of the State. The Parties agree
that the venue for any legal action under this Agreement is in
the County in which a project is located, provided that the
venue for any legal action against King County may be filed in
accordance with RCW 36.01.050.
29. RETAINED RESPONSIBILITY AND AUTHORITY. Parties retain
the responsibility and authority for managing and maintaining
their own internal systems and programs related to affordable
housing activities.
30. INDEPENDENT CONTRACTORS. Each Party to this Agreement
is an independent contractor with respect to the subject matter
of this Agreement. No joint venture or partnership is formed as
a result of this Agreement.
Nothing in this Agreement will make any employee of one Party an
employee of another party for any purpose, including, but not
limited to, for withholding of taxes, payment of benefits,
worker's compensation pursuant to Title 51 RCW, or any other
rights or privileges accorded by virtue of their employment. No
Party assumes any responsibility for the payment of any
compensation, fees, wages, benefits or taxes to or on behalf of
any other Party's employees. No employees or agents of one Party
will be deemed, or represent themselves to be, employees of
another Party.
31. NO THIRD PARTY BENEFICIERIES. This Agreement is for the
benefit of the Parties only, and no third party will have any
rights under this agreement.
32. NONDISCRIMINATION. The Parties will comply with the
nondiscrimination requirements of applicable federal, state and
local statutes and regulations.
21
SKHHP Interlocal Agreement February 06, 2019
AGENDA ITEM #7. d)
33. COUNTERPARTS. This Agreement may be signed in
counterparts and, if so signed, will be deemed one integrated
Agreement.
34. FILING AND EFFECTIVE DATE; PRIOR AGREEMENTS. This
Agreement will become effective January 1, 2019, subject to its
approval by the legislative bodies of all jurisdictions who are
members of SKHHP as of January 1, 2019, and, pursuant to RCW
39.34.040, upon recording this Agreement or posting this
Agreement on a Party's web site or other electronically
retrievable public source. Although this Agreement may be
approved and signed by a Party after the Agreement's effective
date, all acts consistent with the authority of this Agreement
that occur on or after January 1, 2019, are hereby ratified and
affirmed, and the terms of this Agreement will be deemed to have
applied.
(Signature Page Follows)
22
SKHHP Interlocal Agreement February 06, 2019
AGENDA ITEM #7. d)
Approved and executed this day of
,2019.
Name of Party:
By:
Its:
23
Approved as to form
City Attorney
SKHHP Interlocal Agreement February 06, 2019
AGENDA ITEM #7. d)
Exhibit A - SKHHP Sphere of Influence
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24
SKHHP Interlocal Agreement February 06, 2019
AGENDA ITEM #7. d)
EXHIBIT B
FIRST YEAR SKHHP BUDGET
9 cities & King County
Year 1: 10 months of Operations
Annual Expense Budget
Full-time manager with salary/taxes/benefits $ 130,000
Administrative & low-level policy support with salary/taxes/benefits $ 90,000
Expenses - travel, phone, postage, and start-up costs $ 19,000
Space $ 12,000
SubTotal $ 251,000
10% Fiscal Administration Fee $ 25,100
TOTAL $ 276,100
Cost for 10 months of Operations: $ 230,083
Revenue Budget
Outside sources* (County, philanthropy, aligned organizations) $ 68,000
Office Space (in -kind donation) [Pro -rated] $ 10,000
Shared among participating cities (see below) $ 152,083
TOTAL $ 230,083
Shares for oarticioatina cities:
Population
% of
(OFM 2018 est)
Population
Grouped by Size**
Auburn
80,615
12%
$ 20,236
Burien
51,850
8%
$ 11,675
Covington
20,080
3%
$ 5,837
Des Moines
31,340
5%
$ 5,837
Federal Way
97,440
15%
$ 20,236
Kent
128,900
20%
$ 26,463
Normandy Park
6,700
1%
$ 3,113
Renton
104,100
16%
$ 26,463
Tukwila
19,800
3%
$ 5,837
Unincorporated SKC
111,000
17%
$ 26,463
TOTAL
651,8251
$ 152,161
*Outside sources
KC Housing Authority 15,000
Enterprise 5,000
King County*** 48,000
TOTAL 68,000
***King County has committed $75,000;
including covering the share for unincorporated
(In Year 1, the accrual from the unicorporated SKC
share is used for $7K in startup costs)
25
SKHHP Interlocal Agreement February 06, 2019
**Grouped by Size Ranges
<10,000 $ 3,113
10,001- 35,000: $ 5,837
35,001- 65,000: $ 11,675
65,001- 100,000 $ 20,236
100,001+ : $ 26,463
AGENDA ITEM #7. d)
SECOND YEAR SKHHP DRAFT BUDGET
9 cities & King County
Year 2: Full Year of Operations
Annual Expense Budget
6L
Full-time manager with salary/taxes/benefits
$
130,000
Administrative & low-level policy support with salary/taxes/benefits
$
90,000
Expenses - travel, phone, postage
$
12,000
Space
$
12,000
SubTotal
$
244,000
10% Fiscal Administration Fee
$
24,400
TOTAL
$
268,400
Revenue Budget
Outside sources* (County, philanthropy, aligned organizations) $ 61,000
Office Space (in -kind donation) $ 12,000
Shared among participating cities (see below) $ 195,400
TOTAL $ 268,400
Shares for participating cities:
Population
% of
(OFM 2018 est)
Population
Grouped by Size**
Auburn
80,615
12%
$ 26,000
Burien
51,850
8%
$ 15,000
Covington
20,080
3%
$ 7,500
Des Moines
31,340
5%
$ 7,500
Federal Way
97,440
15%
$ 26,000
Kent
128,900
20%
$ 34,000
Normandy Park
6,700
1%
$ 4,000
Renton
104,100
16%
$ 34,000
Tukwila
19,800
3%
$ 7,500
Unincorporated SKC
111,000
17%
$ 34,000
TOTAL
651,825
$ 195,500
*Outside sources
KC Housing Authority 15,000
Enterprise 5,000
King County*** 41,000
TOTAL 61,000
***King County has committed $75,000;
including covering the share for unincorporated
26
SKHHP Interlocal Agreement February 06, 2019
**Grouped by Size Ranges
<10,000
$
4,000
10,001- 35,000:
$
7,500
35,001- 65,000:
$
15,000
65,001- 100,000
$
26,000
100,001+ :
$
34,000
AGENDA ITEM #7. d)
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE
CITIES OF AUBURN, BURIEN, COVINGTON, DES MOINES, FEDERAL WAY, KENT,
NORMANDY PARK, AND TUKWILA, AND KING COUNTY ENTITLED "INTERLOCAL
AGREEMENT FOR SKHHP SOUTH KING COUNTY HOUSING AND HOMELESS
PARTNERS".
WHEREAS, the City and the Cities of Auburn, Burien, Covington, Des Moines, Federal Way,
Kent, Normandy Park, and Tukwila, and King County (collectively herein referred to as the
"Parties") are authorized, pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act, to
enter into an interlocal government cooperative agreement; and
WHEREAS, the Parties have a common goal to ensure the availability of housing that
meets the needs of all income levels in South King County; and
WHEREAS, the Parties desire to provide a sound base of housing policies and programs in
South King County and to complement the efforts of existing public and private organizations to
address housing needs in South King County; and
WHEREAS, the Parties desire to act cooperatively to formulate affordable housing policies
and strategies that address housing stability, to foster efforts to preserve and provide affordable
housing by combining public funding with private -sector resources, to support implementation
of the goals of the Washington State Growth Management Act, related countywide planning
policies, and other local policies and programs relating to affordable housing, and to do so
efficiently and expeditiously; and
1
AGENDA ITEM #7. d)
RESOLUTION NO.
WHEREAS, the Parties have determined that the most efficient and expeditious way for
the Parties to address affordable housing needs in South King County is through cooperative
action and pooling public and private resources; and
WHEREAS, the intent of this cooperative undertaking is not to duplicate efforts of non-
profit corporations and other entities already providing affordable -housing -related services; and
WHEREAS, a cooperative work plan with a primary focus on the production and
preservation of affordable housing is needed because the lack of access to affordable housing is
one of the key contributors to homelessness; and
WHEREAS, it is necessary to document by an interlocal government cooperative
agreement the terms and conditions of the work plan;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The Mayor and City Clerk are hereby authorized to enter into an interlocal
agreement with the Cities of Auburn, Burien, Covington, Des Moines, Federal Way, Kent,
Normandy Park, and Tukwila, and King County entitled Interlocal Agreement for SKHHP South
King Housing and Homelessness Partners, attached hereto as Exhibit "A" and incorporated by
this reference.
PASSED BY THE CITY COUNCIL this day of , 2019.
Jason A. Seth, City Clerk
2
AGENDA ITEM #7. d)
RESOLUTION NO.
APPROVED BY THE MAYOR this day of 12019.
Approved as to form:
Shane Moloney, City Attorney
RES.1797:1/23/19:scr
Denis Law, Mayor
3
AGENDA ITEM #7. d)
RESOLUTION NO.
EXHIBIT "A"
INTERLOCAL AGREEMENT FOR SKHHP
SOUTH KING HOUSING AND HOMELESSNESS PARTNERS
AGENDA ITEM #7. d)
Interlocal Agreement for SKHHP
South King Housing and Homelessness Partners
(Effective Date: January 1, 2019)
This Interlocal Agreement ("Agreement") is entered into by
and between the Cities of Auburn, Burien, Covington, Des Moines,
Federal Way, Kent, Normandy Park, Renton, Tukwila, and King County,
each municipal corporations and political subdivisions of the
State of Washington (individually, a "Party" and collectively, the
"Parties"). This Agreement relates to the creation and operation
of a joint undertaking among the Parties hereto to be known as the
South King Housing and Homelessness Partners ("SKHHP"). This
Agreement is made pursuant to the Interlocal Cooperation Act,
chapter 39.34 RCW, and has been authorized by the legislative body
of each jurisdiction.
WHEREAS, the Parties have a common goal to ensure the
availability of housing that meets the needs of all income levels
in South King County; and
WHEREAS, the Parties wish to provide a sound base of housing
policies and programs in South King County and to complement the
efforts of existing public and private organizations to address
housing needs in South King County; and
WHEREAS, the Parties wish to act cooperatively to formulate
affordable housing policies and strategies that address housing
stability, to foster efforts to preserve and provide affordable
housing by combining public funding with private -sector resources,
to support implementation of the goals of the Washington State
(the "State") Growth Management Act, related countywide planning
policies, and other local policies and programs relating to
affordable housing, and to do so efficiently and expeditiously;
and
WHEREAS, the Parties have determined that the most efficient
and expeditious way for the Parties to address affordable housing
needs in South King County is through cooperative action and
pooling public and private resources; and
WHEREAS, the intent of this cooperative undertaking is not to
duplicate efforts of non-profit corporations and other entities
already providing affordable -housing -related services; and
1
SKHHP Interlocal Agreement February 06, 2019
AGENDA ITEM #7. d)
WHEREAS, a cooperative work plan with a primary focus on the
production and preservation of affordable housing, is needed
because the lack of access to affordable housing is one of the key
contributors to homelessness;
NOW, THEREFORE, in consideration of the mutual promises,
benefits and covenants contained in this Agreement and other
valuable consideration, the sufficiency of which is acknowledged,
the Parties agree to the above Recitals and the following terms
and conditions:
1. DEFINITIONS. The following terms used in this Agreement
are defined as follows:
a. Administering Agency - One or more of the Parties
that will provide administrative support services on behalf of
SKHHP. The Administering Agency will be the fiscal agent for SKHHP
in accordance with the requirements of chapter 39.34 RCW. One Party
could serve as the fiscal agent and another Party could serve as
the administrative home for SKHHP staff.
b. Advisory Board - A board consisting of 12 to 15
community members appointed by the Executive Board to provide
advice and recommendation to the Executive Board on land and/or
money resource allocation for affordable housing projects, input
on policy needs related to housing stability, program design and
development, recommendations for emergency shelter and other
immediate affordable housing needs, and to provide public
education and community outreach services.
C. Executive Board - The governing board for SKHHP
comprised of members as provided herein, which will act on behalf
of all Parties and as may be in the best interest of SKHHP in order
to carry out the purposes of this Agreement.
d. Housing Capital Funds Account - An account
established by the Administering Agency within the SKHHP Fund for
the purpose of administering the contributions of Parties, or other
public or private entities, to affordable housing projects and
programs, to be known as the SKHHP Housing Capital Funds Account.
The amounts in the Housing Capital Funds Account will be held and
disbursed by the Administering Agency.
e. Individual Account (s) - One or more subaccounts
established within the Housing Capital Funds Account for each Party
2
SKHHP Interlocal Agreement February 06, 2019
AGENDA ITEM #7. d)
to this Agreement that chooses to contribute to the Housing Capital
Funds Account. Contributions to an Individual Account from a Party
may be released only upon, and in accordance with, the written
direction of that Party.
f. SKHHP Fund - A special fund established by the
Administering Agency, as authorized by RCW 39.34.030, to be known
as the "Operating Fund of the SKHHP Executive Board". Within the
SKHHP Fund may be established various accounts and subaccounts
including but not limited to a "SKHHP Operating Account" and a
"Housing Capital Funds Account".
g. SKHHP Operating Account - An account created by the
Administering Agency for the receipt of contributions from the
Parties and other private or public entities, for the purpose of
paying for the operations of and supporting the SKHHP annual
budget.
h. SKHHP Program Manager - The lead staff for SKHHP,
reporting to the Executive Board, responsible for carrying out the
SKHHP annual work plan and other terms of this Agreement.
i. SKHHP Staff - The full-time and part-time staff
hired or assigned with the responsibility for carrying out the
SKHHP work plan.
j. Sphere of Influence - The area in South King County
where SKHHP is expected to conduct its work, as further described
in Exhibit A.
2. PURPOSE. All Parties to this Agreement have
responsibility for local and regional planning for the provision
of housing affordable to residents that work and/or live in South
King County. The Parties agree to act cooperatively to formulate
affordable housing policies that address housing stability and to
foster efforts to preserve and provide affordable housing by
combining public funding with private -sector resources. In order
to accomplish the purposes of this Agreement, the Parties agree to
create a joint and cooperative undertaking responsible for
administering the activities described herein. The cooperative
undertaking among the Parties will be called the South King Housing
and Homelessness Partners ("SKHHP"). The Parties further intend
that this Agreement serve as a framework for all participating
municipalities within the broader SKHHP Sphere of Influence to do
the aforementioned work. The Parties encourage other cities and
other public and private entities in South King County within the
SKHHP Sphere of Influence to join the Parties in this endeavor.
3
SKHHP Interlocal Agreement February 06, 2019
AGENDA ITEM #7. d)
3. STRUCTURE; CREATION OF JOINT BOARD. By executing this
Agreement, the Parties hereto create a joint board pursuant to RCW
39.34.030(4) to govern SKHHP. The joint board created by this
Agreement will be called the "Executive Board" and will be composed
of members as provided for in Section 5.a of this Agreement. The
Joint Board created in this Agreement is not a separate legal or
administrative entity within the meaning of RCW 39.34.030(3). The
Executive Board will act on behalf of all Parties and as may be in
the best interest of SKHHP in order to carry out the purposes of
this Agreement. The Executive Board is not authorized to own
assets or have employees.
4. RESPONSIBILITIES AND AUTHORITY. In order to carry out
the purposes of SKHHP and this Agreement, the Executive Board will
have the responsibility and authority to:
a. Create and implement an annual work plan approved
by the Executive Board to guide the work of SKHHP Staff. The work
plan will include activities that may benefit multiple
participating jurisdictions or individual jurisdictions. The work
plan activities will be consistent with the purpose described in
this Agreement.
b. Provide recommendations to the Parties regarding
the allocation of public and private funding for affordable housing
purposes.
C. Direct the Administering Agency to enter into
agreements with third parties for the use and application of public
and private funds contributed by individual Parties to the SKHHP
Housing Capital Funds Account established in Section 14, under
terms and conditions as may be agreed by the individual
contributing Parties, as further described in Section 14. At least
annually, report to the Parties on the geographic distribution of
all housing capital funds as recommended by the SKHHP Executive
Board.
d. Guide the SKHHP Staff in the performance of the
following duties:
i. Provide recommendations to the Parties regarding
local and regional affordable housing policies.
SKHHP Staff will assist the Parties in developing
strategies and programs to achieve State Growth
Management Act housing goals, growth targets, local
9.
SKHHP Interlocal Agreement February 06, 2019
AGENDA ITEM #7. d)
Comprehensive Plan Housing Element goals, and local
housing strategy plans, as appropriate.
ii. SKHHP Staff will provide technical assistance to
any Party considering adoption of land use
incentives or requirements, or affordable housing
programs. SKHHP Staff will research model
programs, develop draft legislation, prepare
briefing materials and make presentations to
planning commissions and councils on request by a
Party. SKHHP Staff will assist Parties in
developing strategies and programs to implement
county -wide affordable housing policies to meet
State Growth Management Act objectives, growth
targets, local Comprehensive Plan Housing Element
goals, and local housing strategy plans for an
equitable and rational distribution of low- and
moderate -income housing.
iii. Facilitate cooperation between the private and
public sector with regard to the provision of
affordable housing. SKHHP Staff will communicate
directly with private developers, financial
institutions, non-profit corporations and other
public entities to assist in the implementation of
affordable housing projects. SKHHP Staff will work
directly with any Party to provide technical
assistance with regard to the public funding of
affordable housing projects and the implementation
of affordable housing regulatory agreements for
private developments.
iv. SKHHP Staff will also identify public and private
sites that are available for affordable housing and
develop affordable housing alternatives for such
sites.
V. After the Housing Capital Fund is created, develop
standard regulatory agreements acceptable to
private and public financial institutions to
facilitate the availability of funding for private
and public projects containing affordable housing.
vi. Provide other technical advice to any Party upon
request and to enter into agreements to provide
technical assistance to other public entities on a
reimbursable basis.
5
SKHHP Interlocal Agreement February 06, 2019
AGENDA ITEM #7. d)
vii. Provide support and educational activities and to
monitor legislative and regulatory activities and
proposed policy changes related to affordable
housing at the county, state and federal levels.
Ensure that the Parties to this Agreement have a
strong South King County voice in regional decision
making.
viii. After the Housing Capital Fund is created, develop
and carry out procedures for monitoring of
affordable units and to administer direct service
housing programs on behalf of any Party. Such
direct service housing programs may include but are
not limited to relocation assistance programs, rent
voucher and/or deposit loan programs.
ix. Work directly with other public and private
entities for the development of affordable housing
policies and encourage the provision and
preservation of affordable housing.
X. Work with the Advisory Board appointed under this
Agreement and South King County agencies working on
regional housing stability and housing
affordability, identify trends and promising
practices, and mobilize those agencies to support
South King County positions in regional decision -
making forums.
xi. Support public and private fundraising efforts of
public and private entities (including non-profit
corporations) to raise funds to carry out the
purposes of this Agreement. Enter into agreements
with those entities for the use of such funds in
order to carry out the purposes of this Agreement.
xii. As directed by the Executive Board, accept public
and private funding, invest those funds in
accordance with State law, and take other
appropriate and necessary action to carry out the
purposes of this Agreement.
5. EXECUTIVE BOARD.
a. Membership. SKHHP will be governed by an Executive
Board composed of either an elected official or City
6
SKHHP Interlocal Agreement February 06, 2019
AGENDA ITEM #7. d)
Manager/Administrator for each city and the King County Executive,
or their designated representative, of each Party. However, there
will not be more than two members on the Executive Board
representing cities with population less than 5,000 persons,
unless approved by the Executive Board. In the event that there
are more than two Parties to this Agreement with population less
than 5,000 persons, then those Parties will propose to the
Executive Board for the Executive Board's approval, a method for
shared membership on the Executive Board by those Parties.
Municipalities, local governments and public agencies within the
Sphere of Influence may become Parties to this Agreement with
representation on the Executive Board described in this Section 5,
upon satisfaction of the requirements of Section 20.
Any member of the Executive Board representing more than one Party
must be approved by the chief executive officer of those Parties
being represented by the shared Executive Board member. The
Executive Board will administer this cooperative undertaking under
the terms of this Agreement and under any procedures adopted by
the Executive Board.
b. Chair. The Chair of the Executive Board will be
elected by the members of the Board from the Board membership;
will preside over all meetings of the Executive Board; and will,
in the absence of a Program Manager provided for in Section 6 of
this Agreement, process issues, organize meetings and provide for
administrative support as required by the Executive Board. The
Chair will serve a one-year term, but may be reelected by the
Executive Board.
C. Alternate Member. Each member of the Executive
Board may designate one alternate member who will serve in the
place of the member on the Executive Board during the member's
absence or inability to serve. Notice of the designation will be
provided to the Chair of the Executive Board. An alternate member
may only vote on behalf of the appointing Party if the Chair has
received written notice of the alternate's appointment.
d. Powers. The Executive Board will have the power to
(1) develop and approve an annual budget and annual work plan for
SKHHP; (2) adopt procedures for the administration of SKHHP
(including securing any necessary legal counsel) and for the
conduct of meetings; (3) make recommendations to the Parties
concerning planning, policy, programs and the funding of
affordable housing projects; (4) establish policies for the
expenditure of SKHHP budgeted items; (5) designate one or more
7
SKHHP Interlocal Agreement February 06, 2019
AGENDA ITEM #7. d)
Administering Agencies to carry out the terms of this Agreement;
(6) establish a special fund with the Administering Agency as
authorized by RCW 39.34.030, to be known as the "Operating Fund of
the SKHHP Executive Board" ("SKHHP Fund") within which Fund may be
established various accounts and subaccounts including but not
limited to a "SKHHP Operating Account" (into which will be deposited
funding for the SKHHP operating budget) and a "Housing Capital
Funds Account"; (7) hold regular meetings on those dates and at
those places as the Executive Board may designate; (8) direct the
Administering Agency to enter into contracts and agreements for
the provision of personnel and other necessary services to SKHHP,
including accounting and legal services and the purchase of
insurance, and authorize the Administering Agency to execute such
other contracts, agreements or other legal documents necessary
with public and private entities for SKHHP to carry out its
purposes; (9) establish the responsibilities for the SKHHP Program
Manager, direct and oversee the Administering Agency in the hiring
process and performance review for that position and direct and
oversee the activities of the SKHHP Program Manager; (10) appoint
members of the Advisory Board; (11) assist with incorporating
and/or work with a non-profit corporation to accept grants,
donations and other funds on behalf of SKHHP and direct the
Administering Agency to enter into contracts or other agreements
with such agency for the use of those funds to carry out the
purposes of this Agreement; and (12) take whatever other action is
necessary to carry out the purposes of this Agreement.
6. ADMINISTRATION AND OVERSIGHT. The Executive Board will
have final decision -making authority on behalf of SKHHP over all
legislative and administrative matters within the scope of this
Agreement. The Executive Board may delegate responsibility for
general oversight of the operations of SKHHP to a Program Manager.
The SKHHP Program Manager will submit quarterly budget performance
and progress reports on the status of the work program elements to
the Executive Board and the legislative body of each Party. The
reports and their contents will be in a form acceptable to the
Executive Board.
The Executive Board will, by two-thirds supermajority vote,
designate one or more of the Parties to serve as the Administering
Agency, which will provide administrative support services on
behalf of SKHHP. The Administering Agency will be the fiscal agent
for SKHHP in accordance with the requirements of chapter 39.34
RCW. Each Party that serves in the capacity of Administering
Agency hereby agrees to comply with the terms of this Agreement
applicable to the Administering Agency in order to permit SKHHP to
carry out its purposes. SKHHP will be staffed with personnel
I
SKHHP Interlocal Agreement February 06, 2019
AGENDA ITEM #7. d)
provided by the Parties and/or independent contractors contracting
with the Administering Agency on behalf of SKHHP.
Any Party providing personnel to SKHHP will remain solely
responsible for the continued payment of all compensation and
benefits to those personnel as well as for any worker's
compensation claims. All Parties will cooperate fully in assisting
SKHHP to provide the services authorized in this Agreement.
7. MEETINGS OF EXECUTIVE BOARD.
a. Frequency. The Executive Board will meet as often
as it deems necessary, but not less often than quarterly.
b. Quorum. A quorum at any meeting of the Executive
Board will consist of the Board members (or alternates) who
represent a simple majority of the Board's membership. Executive
Board members (or alternates) may participate in any meeting by
phone or video conferencing for all purposes, including but not
limited to voting and establishing a quorum.
C. Action. No action may be taken except at a meeting
where a quorum exists. Action by the Executive Board requires an
affirmative vote by a majority of the Board's membership, provided
however, that a supermajority (two-thirds of Board members) will
be required to appoint the Administering Agency, to add a new Party
to this Agreement, or to modify the proposed contribution
methodology for dues and assessments (see Section 15). Official
action by the Executive Board may be conducted by motion,
resolution, declaration, or other means as determined to be
necessary by the Executive Board, provided however, appointment of
the Administering Agency or Agencies shall be completed by
resolution. All official action of the Executive Board shall be
recorded in its official minutes. Each Executive Board member, or
his or her alternate, will have one vote on any proposed action;
except that shared member voting shall be in accordance with the
Executive Board's approval under Section 5 (a). Proxy voting will
not be allowed. To the extent applicable to meetings of the
Executive Board, the Executive Board will comply with applicable
requirements of the Washington State Open Public Meetings Act
(chapter 42.30 RCW).
8. ADVISORY BOARD. The Executive Board will create an
Advisory Board to provide advice and recommendation to the
Executive Board on land and/or money resource allocation for
affordable housing projects, input on policy needs related to
housing stability, program design and development, recommendations
11
SKHHP Interlocal Agreement February 06, 2019
AGENDA ITEM #7. d)
for emergency shelter and other immediate affordable housing
needs, and to provide public education and community outreach
services. The Advisory Board will be created before the end of
the first year of SKHHP operations (with the start of the year
defined as the hiring of the SKHHP Program Manager). The Advisory
Board will consist of not more than fifteen (15) and not less than
twelve (12) community members. The Executive Board will appoint
members to the Advisory Board. Members appointed to the Advisory
Board must have knowledge and understanding of affordable housing,
be committed to the furtherance of affordable housing in South
King County, and represent diverse community perspectives.
Appointments will be for a four-year term with service limited to
a total of two consecutive terms. The Executive Board will adopt
procedures for the convening and administration of the Advisory
Board. A member may be removed from the Advisory Board by the
Executive Board with or without cause on a majority vote of
membership of the Executive Board.
9. MEETINGS OF ADVISORY BOARD.
a. Frequency. The Advisory Board will meet as often
as it deems necessary, but not less often than quarterly.
b. Quorum. A quorum at any meeting of the Advisory
Board will consist of the Board members who represent a simple
majority of the Board's membership. Advisory Board members may
participate in any meeting by phone or video conferencing for all
purposes, including but not limited to voting and establishing a
quorum.
C. Action. No action may be taken except at a meeting
where a quorum exists. Action by the Advisory Board requires an
affirmative vote by a majority of those members attending a Board
meeting where a quorum exists. Official action by the Advisory
Board may be conducted by motion, resolution, declaration, or other
means as determined to be necessary by the Advisory Board. Proxy
voting is not allowed. To the extent applicable to meetings of
the Advisory Board, the Advisory Board will comply with applicable
requirements of the Washington State Open Public Meetings Act
(chapter 42.30 RCW).
10. AGREEMENT DURATION. This Agreement will be in full force
and effect for a period commencing as provided in Section 34, and
ending December 31 2020. This Agreement will automatically renew
for successive two-year terms, unless sooner terminated under the
provisions of this Agreement.
10
SKHHP Interlocal Agreement February 06, 2019
AGENDA ITEM #7. d)
11. TERMINATION OF
terminated at any
legislative bodies
time by
of the
AGREEMENT. This Agreement may
affirmative vote of a majority of
Parties to this Agreement.
be
the
Upon termination of this Agreement, all property acquired during
the life of the Agreement will be disposed of in the following
manner:
a. all property contributed without charge by any
Party will revert to the contributing Party;
b. all property purchased on behalf of SKHHP after the
effective date of this Agreement will be distributed to the Parties
based on each Party's pro rata contribution to the overall budget
at the time the property was purchased;
C. except as provided in Subsection d. below, all
unexpended or reserve funds will be distributed to the Parties
based on each Party's pro rata contribution to the overall budget
in effect at the time the Agreement is terminated;
d. all uncommitted monies in the Housing Capital Funds
Account will be distributed to the Parties by remitting the total
uncommitted amounts remaining in each Party's Individual Account
(as described in Section 14) to that Party; and
e. each Party that has funded a project through the
Housing Capital Funds Account will be substituted for the
Administering Agency with regard to all project financing
documents, and the Administering Agency will be released from
further obligations with respect thereto.
12. WITHDRAWAL. If a Party wishes to withdraw from
participation in this Agreement, it may do so after the initial
two year term if it first gives three months advance written notice
to the Executive Board of its intention to withdraw, which notice
will be due on or before October 1, 2020. If notice of an intent
to withdraw is timely received, withdrawal will be effective as of
11:59 p.m. on December 31, 2020. The initial members of SKHHP
agree they will participate for at least the first two years of
the collaboration.
After January 1, 2021, an opportunity is provided once per year
for a Party to withdraw from this Agreement. Under this provision,
advance written notice must be provided to the Executive Board on
or before July 1, of its intention to withdraw from participation
in the Agreement, effective as of 11:59 p.m. on December 31st of
that current year.
11
SKHHP Interlocal Agreement February 06, 2019
AGENDA ITEM #7. d)
Any Party withdrawing from this Agreement will remain legally and
financially responsible for any obligation incurred by the Party
pursuant to the terms of this Agreement, including but not limited
to any project financing documents executed by the Administering
Agency on behalf of that Party, during the time the withdrawing
Party was a member of SKHHP. A notice of withdrawal may be revoked
by the Party that submitted the notice only by approval of a
majority of the Executive Board to accept the revocation. Any
Party that provides written notice of its intent to withdraw may
continue to vote on all matters before the Executive Board prior
to the effective date of its withdrawal, except the budget and
work plan for the following year.
13. BUDGET. The fiscal year for SKHHP will be January 1 to
December 31 of any year. The first year budget and anticipated
second year budget for SKHHP are attached to this Agreement as
Exhibit B and incorporated herein by this reference. Approval of
this Agreement by the legislative body of each Party includes
approval of the first year SKHHP budget. For subsequent years, on
or before June 1st of each year, a recommended operating budget
and work plan for SKHHP for the next budget year will be prepared,
reviewed and recommended by the Executive Board and transmitted to
each Party. The recommended operating budget will contain an
itemization of all categories of budgeted expenses and will contain
an itemization of the amount of each Party's contribution,
including in -kind services, toward that budget. Contributions to
the SKHHP annual budget may also come from other public or private
entities. The Executive Board will approve acceptance of those
contributions.
a. No recommended budget or work plan will become
effective until approved by the legislative body of each Party and
adopted by the Executive Board, except for SKHHP's first year
(2019). For the first year, the budget will be approved as part of
the approval of this Agreement, and the first year work plan must
be approved by the Executive Board. Once the legislative body of
each Party has approved its contribution to SKHHP, either
separately or through its budget process, and the SKHHP budget has
been adopted by the Executive Board, each Party will be obligated
to make whatever contribution(s) is budgeted for that Party. If a
Party does not approve the work plan or budget in a timely manner,
the Executive Board may adopt the annual budget and work plan with
a two-thirds majority vote.
b. Each Party's contribution(s) will be transmitted to
SKHHP on a quarterly basis at the beginning of each quarter unless
12
SKHHP Interlocal Agreement February 06, 2019
AGENDA ITEM #7. d)
otherwise provided in the budget document. Each Party will specify
the amount of its contribution to be deposited by the Administering
Agency into the SKHHP Operating Account, as well as the amount, if
any, to be deposited into the Party's Individual Account within
the SKHHP Housing Capital Funds Account established by Section 14.
C. If any Party is delinquent by more than three months
in the payment of its approved operating budget contribution to
the SKHHP Operating Account, that Party will not be entitled to
vote on matters before the Executive Board until the delinquency
has been paid. A Party's decision not to contribute funds to its
Individual Account, or its delinquency in funding the same will
not affect that Party's voting rights on the Executive Board.
14. HOUSING CAPITAL FUNDS ACCOUNT ESTABLISHED; PROCEDURES
FOR ADMINISTERING HOUSING CAPITAL FUNDS ACCOUNT CONTRIBUTIONS. If
authorized by resolution of the Executive Board, the Administering
Agency may establish and maintain an account within the SKHHP Fund
for the purpose of administering the contributions of Parties, or
other public or private entities, to affordable housing projects
and programs, to be known as the SKHHP Housing Capital Funds
Account. The amounts in the Housing Capital Funds Account will be
held and disbursed by the Administering Agency as described in
this Agreement.
a. Within the Housing Capital Funds Account, a sub -
account will be established for each Party to this Agreement that
chooses to contribute to the Housing Capital Funds Account. Such
sub -accounts are collectively referred to as the "Individual
Accounts." Contributions to an Individual Account from a Party may
be released only upon, and in accordance with, the written
direction of that Party.
b. A subaccount will be established within each
Individual Account for each project or program funded in whole or
part by a Party from its Individual Account. Such sub -accounts
are referred to as "Project Accounts."
C. The Administering Agency will maintain records
sufficient to separately track the deposits, withdrawals and
interest earnings, within each Individual Account and each Project
Account, and will provide quarterly reports to all Parties as to
the status of funds in each Individual Account and Project Account.
The Administering Agency's responsibilities under this Section may
be delegated to the SKHHP Program Manager to the extent consistent
with applicable law and as the Administering Agency and Executive
Board may agree.
13
SKHHP Interlocal Agreement February 06, 2019
AGENDA ITEM #7. d)
d. Funds transmitted to SKHHP for deposit in the
Housing Capital Funds Account will be held by the Administering
Agency on behalf of SKHHP until directed for application to a
specific project or program by the contributing Party. Uncommitted
funds in an Individual Account will be remitted to the contributing
Party within 45 days of receipt of written request from the Party
signed by its chief executive officer, or upon the Party's
withdrawal from SKHHP in accordance with the terms of Section 12,
or on the dissolution of SKHHP per Section 11.
e. Funds held by the Administering Agency on behalf of
SKHHP will be subject to laws applicable to public funds, including
but not limitations on investments for public funds as provided in
State law and the State constitutional limitations on the gifting
of public funds. Investment earnings will be credited to each
Individual Account and Subaccount on a pro rata basis.
f. The Executive Board will develop standard forms of
approvals and agreements to be used in the application of funds
contributed to the Housing Capital Funds Account (collectively
referred to as `project financing documents"), consistent with the
following goals and procedures:
i. Each Party choosing to participate in funding a
project or program through the Housing Capital
Funds Account will by action of its legislative
body authorize the application of a specified
amount of its Individual Account monies to such
project or program, and will authorize and direct
the SKHHP Executive Board, the SKHHP Program
Manager, and the Administering Agency to take such
actions as necessary to accomplish this. The
Executive Board will recommend to the individual
legislative bodies various terms to accompany their
authorizations, and the legislative body
authorizations will at a minimum include terms
related to:
1. amount of funds allocated;
2. project description, including minimum
affordability requirements, if any;
3. nature of the funding commitment (loan, grant,
or other);
4. in the event the funding commitment is provided
as a loan, the general repayment terms including
but not limited to the term of the loan and
applicable, interest rate(s); and
14
SKHHP Interlocal Agreement February 06, 2019
AGENDA ITEM #7. d)
5. a general description of the security interests,
if any, to be recorded in favor of the Party.
ii. For each individual housing project or program to
be funded through the Housing Capital Funds
Account, the developer, owner or administrator of
such project or program (generally referred to as
the "developer"), will enter into the necessary set
of agreements (project financing documents) with
the Administering Agency. The project financing
documents will specify that the Administering
Agency is acting as administering agency on behalf
of each Party that is providing Housing Capital
Funds Account funding to the project or program
pursuant to this Agreement and RCW 39.34.030(4),
and will identify each participating funding Party.
The project financing documents will be consistent
with general forms of agreement approved by the
Executive Board and the terms and conditions
approved by the legislative bodies of the funding
Parties. To the extent permitted by law, the
project financing agreements will incorporate all
terms and conditions relative to the use and (if
applicable) repayment of such funds, and provide
for transfer of the Housing Capital Funds Account
monies from the funding Parties to the developer.
iii. Funding contributions to, and repayments (if any)
from, specific projects and programs will be
recorded by the Administering Agency, including
recording of monies deposited and withdrawn from
each Party's Individual Account and Project
Accounts. Repayments (if any) under any project
financing agreement will be applied pro rata to the
funding Parties' Individual Accounts based on the
ratio of funding contributed to the project by each
Party, unless the funding Parties otherwise agree.
iv. Unless the Parties funding a project or program
through the Housing Capital Funds Account otherwise
agree, a default, termination or other action
against a developer or other third party may be
declared only after securing approval in writing of
the chief executive officers of funding Parties
which together have contributed not less than 510
of the total SKHHP member funding to the project.
The Administering Agency will provide reasonable
15
SKHHP Interlocal Agreement February 06, 2019
AGENDA ITEM #7. d)
notice and information regarding the status of
projects as necessary to each funding Party's chief
executive officer to allow them to make a timely
decision in this regard. Funding Parties not
consenting to such default, termination or other
action will be bound by the decision of the
majority. All funding Parties will be obligated on
a pro rata basis (based on their contributions to
the project) to pay to the Administering Agency its
reasonable costs and expenses incurred as a result
of declaring a default, terminating an agreement or
taking other action against a developer or other
third party. Any funds recovered through such
enforcement proceedings will be allocated to the
funding Parties Individual Accounts pro rata based
on their respective funding contributions to a
project.
V. The Executive Board may from time to time authorize
the Administering Agency to administer housing
project agreements entered into before the
effective date of this Agreement, upon terms
consistent with this Agreement and subject to the
consent of the Administering Agency and the Parties
to such agreements.
15. DUES, ASSESSMENTS AND BUDGET AMENDMENTS. Contributions
to the SKHHP Operating fund will be based on groupings of like -
sized cities (based on population), or whatever contribution
methodology is approved by a two-thirds majority of the Executive
Board. Funding for the activities of SKHHP will be provided solely
through the budgetary process. Unless otherwise specified in this
Agreement, no dues, charges or assessments will be imposed or
required of the Parties except upon unanimous vote of the
membership of the Executive Board and ratification by the
legislative body of each Party subject to the dues, charges or
assessments. An approved budget (the overall revenues and
expenditures) will not be modified until approved by the
legislative body of each Party and finally adopted by the Executive
Board. If a Party agrees to totally fund an additional task to the
work program, not currently approved in the budget, the task may
be added to the work plan and the budget amended to reflect the
funding of the total cost of such task by the requesting Party,
upon approval by a majority of the membership of the Executive
Board without approval by the individual Parties. Notwithstanding
the foregoing, contributions by a Party to its Individual Account
within the Housing Capital Funds Account will be solely within the
16
SKHHP Interlocal Agreement February 06, 2019
AGENDA ITEM #7. d)
discretion of that Party and are not considered "dues or
assessments."
16. PUBLIC RECORDS REQUESTS. Records of SKHHP will be held
by the Administering Agency, in addition to any records the Parties
themselves may retain concerning their participation in SKHHP.
These records may include meeting agendas, meeting summaries,
reports, plans, budgets, and other documents.
When a Party receives a request for records that may be held by
the Administering Agency, the Party will refer the request to its
own Executive Board member. The Party's Executive Board member
will then work with the Administering Agency to gather all
responsive records. The Party receiving the request should work
with its own public records staff (if any) to describe the request
with sufficient specificity to allow the Administrative Agency to
identify and provide the records being sought. If any
clarification of the request is required, the Party receiving the
request will obtain that clarification from the requester. All
communication with the requester will be by the Party to whom the
request was submitted.
In consultation with the Administering Agency, it will be the
responsibility of the Party to whom the request for records was
made to estimate the time it will need to produce responsive
records, determine which records are responsive to the request,
and address any redactions permitted by law. The Party that
receives the request will bear the responsibility of complying
with the Public Records Act in relation to its public records.
Nothing in this Section is intended to require a Party to collect
or produce records that are not prepared, owned, used, or retained
by that Party as contemplated by the Public Records Act.
17. INDEMNIFICATION AND HOLD HARMLESS.
a. Each Party will indemnify, defend and hold other
Parties (including without limitation the Party serving as, and
acting in its capacity as, SKHHP's Administering Agency), their
officers, officials, agents and volunteers harmless from any and
all claims, injuries, damages, losses or suits including attorney
fees, arising out of that Party's wrongful acts or omissions in
connection with the performance of its obligations under this
Agreement, except to the extent the injuries or damages are caused
by another Party. If there is any recovery under this Section, the
Party responsible for any wrongful acts or omissions will pay any
judgment or lien arising from the acts or omissions, including all
17
SKHHP Interlocal Agreement February 06, 2019
AGENDA ITEM #7. d)
costs and other Parties' reasonable attorney's fees. If more than
one Party is held to be at fault, the obligation to indemnify and
to pay costs and attorney's fees, will be only to the extent of
the percentage of fault allocated to each respective Party by a
final judgment of the court.
b. If a court of competent jurisdiction determine that
this Agreement is subject to RCW 4.24.115, then, in the event of
liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent
negligence of a Party (including without limitation the Party
serving as, and acting in its capacity as, SKHHP's Administering
Agency), its officers, officials, employees, and volunteers, the
Party's liability hereunder will be only to the extent of the
Party's negligence. It is further specifically and expressly
understood that the indemnification provided herein constitutes
the Party's waiver of immunity under Industrial Insurance Title 51
RCW, solely for the purpose of this indemnification. This waiver
has been mutually negotiated by the Parties. The provisions of
this Section will survive the expiration or termination of this
Agreement.
C. Each Party (including without limitation the Party
serving as, and acting in its capacity as, SKHHP's Administering
Agency) will give the other Parties proper notice of any claim or
suit coming within the purview of these indemnities.
18. INSURANCE. The Executive Board, SKHHP Program Manager and
the Administering Agency will take such steps as are reasonably
practicable to minimize the liability of the Parties associated
with their participation in this Agreement, including but not
limited to the utilization of sound business practice. The
Executive Board will determine which, if any, insurance policies
may be reasonably practicably acquired to cover the operations of
SKHHP and the activities of the Parties pursuant to this Agreement
(which may include general liability, errors and omissions,
fiduciary, crime and fidelity insurance), and will direct the
acquisition of same.
19. AMENDMENTS. Any amendments to this Agreement must be in
writing. This Agreement may be amended upon approval of at least
two-thirds of the legislative bodies of all Parties to this
Agreement, evidenced by the authorized signatures of those Parties
as of the effective date of the amendment. However, any amendment
to this Agreement affecting the terms and conditions of membership
on the Executive Board, powers of the Executive Board, voting
rights of Executive Board members, Party contribution
ME
SKHHP Interlocal Agreement February 06, 2019
AGENDA ITEM #7. d)
responsibilities, hold harmless and indemnification requirements,
provisions regarding duration, termination or withdrawal, or the
conditions of this Section will require consent of the legislative
authorities of all Parties. This Section will not be construed to
require amendment of this Agreement for the addition of a new Party
contemplated under Section 20 or for any related revision to
Executive Board membership authorized in Section 5(a).
20. ADDITIONAL PARTIES. Municipalities, local governments
and public agencies within the SKHHP Sphere of Influence may, on
execution of the Agreement and approval of the budget and work
plan by its legislative body, become a Party to this Agreement on
affirmative vote of a two-thirds majority of the membership of the
Executive Board. The Executive Board will determine by a vote of
a majority of its membership what, if any, funding obligations the
additional Party will commit to as a condition of becoming a Party
to this Agreement.
21. SEVERABILITY. The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this Agreement, will
not affect the validity of the remaining provisions of the
Agreement.
22. CONFLICT RESOLUTION. Whenever any dispute arises between
the Parties or between a Party or Parties, the Executive Board, or
the Administering Agency (referred to collectively in this Section
as the `Parties") under this Agreement which is not resolved by
routine meetings or communications, the parties agree to seek
resolution of such dispute in good faith by meeting, as soon as
feasible. The meeting will include the Chair of the Executive
Board, the SKHHP Program Manager, and the representatives) of the
Parties involved in the dispute. If the parties do not come to an
agreement on the dispute, any party may pursue mediation through
a process to be mutually agreed to in good faith between the
parties within 30 days, which may include binding or nonbinding
decisions or recommendations. The mediator(s) will be individuals
skilled in the legal and business aspects of the subject matter of
this Agreement. The parties to the dispute will share equally the
costs of mediation and assume their own costs.
23. SURVIVABILITY. Notwithstanding any provision in this
Agreement to the contrary, the provisions of Section 10 (Agreement
Duration), Section 11 (Termination of Agreement), Section 12
(Withdrawal), Section 16 (Public Records Requests), and Section 17
(Indemnification and Hold Harmless) will remain operative and in
full force and effect, regardless of the withdrawal or termination
of any Party or the termination of this Agreement.
19
SKHHP Interlocal Agreement February 06, 2019
AGENDA ITEM #7. d)
24. WAIVER. No term or provision of this Agreement will be
deemed waived and no breach excused unless that waiver or consent
is in writing and signed by the Party claimed to have waived or
consented.
25. SUBSEQUENT BREACH. Waiver of any default will not be
deemed a waiver of any subsequent default. Waiver of breach of
any provision of this Agreement will not be deemed to be a waiver
of any other or subsequent breach and will not be construed to be
a modification of the terms of the Agreement unless stated to be
such through written approval of all Parties.
26. NOTICE. Any notice to the Executive Board will be in
writing and will be addressed to the Chair of the Executive Board
and to the SKHHP Program Manager. In the absence of a SKHHP
Program Manager, notice will be given to the chief executive
officer of the Administering Agency. Any notice to an Officer or
Party will be sent, to the address specified by the chief executive
officer of the Party.
27. ASSIGNMENT. No Party may sell, transfer or assign any
of its rights or benefits under this Agreement without Executive
Board approval.
28. APPLICABLE LAW AND VENUE. This Agreement and any rights,
remedies, or obligations provided for in this Agreement will be
governed, construed, and enforced in accordance with the
substantive and procedural laws of the State. The Parties agree
that the venue for any legal action under this Agreement is in the
County in which a project is located, provided that the venue for
any legal action against King County may be filed in accordance
with RCW 36.01.050.
29. RETAINED RESPONSIBILITY AND AUTHORITY. Parties retain
the responsibility and authority for managing and maintaining
their own internal systems and programs related to affordable
housing activities.
30. INDEPENDENT CONTRACTORS. Each Party to this Agreement
is an independent contractor with respect to the subject matter of
this Agreement. No joint venture or partnership is formed as a
result of this Agreement.
Nothing in this Agreement will make any employee of one Party an
employee of another party for any purpose, including, but not
limited to, for withholding of taxes, payment of benefits, worker's
20
SKHHP Interlocal Agreement February 06, 2019
AGENDA ITEM #7. d)
compensation pursuant to Title 51 RCW, or any other rights or
privileges accorded by virtue of their employment. No Party assumes
any responsibility for the payment of any compensation, fees,
wages, benefits or taxes to or on behalf of any other Party"s
employees. No employees or agents of one Party will be deemed, or
represent themselves to be, employees of another Party.
31. NO THIRD PARTY BENEFICIERIES. This Agreement is for the
benefit of the Parties only, and no third party will have any
rights under this agreement.
32. NONDISCRIMINATION. The Parties will comply with the
nondiscrimination requirements of applicable federal, state and
local statutes and regulations.
33. COUNTERPARTS. This Agreement may be signed in
counterparts and, if so signed, will be deemed one integrated
Agreement.
34. FILING AND EFFECTIVE DATE; PRIOR AGREEMENTS. This
Agreement will become effective January 1, 2019, subject to its
approval by the legislative bodies of all jurisdictions who are
members of SKHHP as of January 1, 2019, and, pursuant to RCW
39.34.040, upon recording this Agreement or posting this Agreement
on a Party's web site or other electronically retrievable public
source. Although this Agreement may be approved and signed by a
Party after the Agreement's effective date, all acts consistent
with the authority of this Agreement that occur on or after January
1, 2019, are hereby ratified and affirmed, and the terms of this
Agreement will be deemed to have applied.
(Signature Page Follows)
21
SKHHP Interlocal Agreement February 06, 2019
AGENDA ITEM #7. d)
Approved and executed this day of
,2019.
Name of Party:
By:
Its:
22
Approved as to form
City Attorney
SKHHP Interlocal Agreement February 06, 2019
AGENDA ITEM #7. d)
I Exhibit A - S KH H P Sphere of Influence
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King County
Ebin:13'2B77t776 Notes:
23
SKHHP Interlocal Agreement February 06, 2019
AGENDA ITEM #7. d)
EXHIBIT B
FIRST YEAR SKHHP BUDGET
9 cities & King County
Year 1: 10 months of Operations
Annual Expense Budget
Full-time manager with salary/taxes/benefits $ 130,000
Administrative & low-level policy support with salary/taxes/benefits $ 90,000
Expenses - travel, phone, postage, and start-up costs $ 19,000
Space $ 12,000
SubTotal $ 251,000
10% Fiscal Administration Fee $ 25,100
TOTAL $ 276,100
Cost for 10 months of Operations: $ 230,083
Revenue Budget
Outside sources* (County, philanthropy, aligned organizations) $ 68,000
Office Space (in -kind donation) [Pro -rated] $ 10,000
Shared among participating cities (see below) $ 152,083
TOTAL $ 230,083
Shares for participating cities:
Population
% of
(OFM 2018 est)
; Population
Grouped by Size**
Auburn
80,6151
12%
$ 20,236
Burien
51,8501
8%
$ 11,675
Covington
20,0801
3%
$ 5,837
Des Moines
31,340�
5%
$ 5,837
Federal Way
97,440
15%
$ 20,236
Kent
128,900
20%
$ 26,463
Normandy Park
6,700
1%
$ 3,113
Renton
104,100
16%
$ 26,463
Tukwila
19,800
3%
$ 5,837
Unincorporated SKC
111,000
17%
$ 26,463
TOTAL
651,8251
1 $ 152,161
*Outside sources
KC Housing Authority 15,000
Enterprise 5,000
King County*** 48,000
TOTAL 68,000
***King County has committed $75,000,•
including covering the share for unincorporated
(In Year 1, the accrual from the unicorporated SKC
share is used for $7K in startup costs)
24
SKHHP Interlocal Agreement February 06, 2019
**Grouped by Size Ranges
<10,000
$
3,113�
10,001- 35,000:
$
5,837
35,001- 65,000:
$
11,675
65,001- 100,000
$
20,236
100,001+ :
$
26,463
AGENDA ITEM #7. d)
SECOND YEAR SKHHP DRAFT BUDGET
9 cities & King County
Year 2: Full Year of Operations
Annual Expense Budget
Full-time manager with salary/taxes/benefits $ 130,000
Administrative & low-level policy support with salary/taxes/benefits $ 90,000
Expenses - travel, phone, postage $ 12,000
Space $ 12,000
SubTotal $ 244,000
10% Fiscal Administration Fee $ 24,400
TOTAL
Revenue Budget
Outside sources* (County, philanthropy, aligned organizations) $ 61,000
Office Space (in -kind donation) $ 12,000
Shared among participating cities (see below) $ 195,400
TOTAL $ 268,40q.,l_
Shares for oarticinatina cities:
Population
% of
(OFM 2018 est)
1 Population
Grouped by Size**
Auburn
80,6151
12%
$ 26,000
Burien
51,850i
8%
$ 15,000
Covington
20,080
3%
$ 7,500
Des Moines
31,340
5%
$ 7,500
Federal Way
97,440
15%
$ 26,000
Kent
128,900
20%
$ 34,000
Normandy Park
6,700
1%
$ 4,000
Renton
104,100
16%
$ 34,000
Tukwila
19,800
3%
$ 7,500
Unincorporated SKC
111,0001
17%
$ 34,000
TOTAL
651,8251.
$ 195,500
*Outside sources
KC Housing Authority
15,000
Enterprise
5,000
King County***
41,000
TOTAL
61,000
***King County has committed $75,000,•
including covering the share for unincorporated
25
SKHHP Interlocal Agreement February 06, 2019
**Grouped by Size Ranges
<10,000
$
4,000
10,001- 35,000:
$
7,500
35,001- 65,000:
$
15,000
65,001- 100,000
$
26,000
100,001+ :
$
34,000
AGENDA ITEM #7. e)
AB - 2332
C[TY OF
-----wwwo�Renton uOo�"
SUBJECT/TITLE: Renton Regional Fire Authority (RRFA) Addendum to Interlocal
Agreement
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Community & Economic Development Department
STAFF CONTACT: Mark Santos -Johnson, Economic Development Manager
EXT.: 6584
The City and Renton Regional Fire authority (RRFA) previously entered into an Interlocal Agreement with
regard to the fire impact fee program. In December 2018, the City Council adopted Ordinance No. 5912
amending the Waived Fees provisions included in Renton Municipal Code 4-1-210 and making available the
waiver of certain development and mitigation fees for eligible affordable housing projects. Among its other
provisions, Ordinance No. 5912 provides that waivable fees include "Fire impact mitigation fees, to the extent
such waiver is authorized by interlocal agreement with the Renton Regional Fire Authority." The proposed
RRFA Addendum to the Interlocal Agreement authorizes fire impact fees to be included among the fees which
the City Council may waive for eligible affordable housing projects. No other terms of the original RRFA
Interlocal Agreement are modified.
A. Issue Paper
B. Draft RRFA Addendum to Interlocal Agreement
C. Draft Resolution
Staff recommends Council approve a resolution for the Renton Regional Fire Authority Addendum to Interlocal
Agreement and authorize the Mayor to execute the RRFA Addendum to Interlocal Agreement in substantially
the same form.
A GENDVI #7. e)
DEPARTMENT OF COMMUNITY
& ECONOMIC DEVELOPMENT
M E M O R A N D U M
DATE: February 15, 2019
TO: Don Persson, Council President
Members of Renton City Council
VIA: Denis Law, Mayor
FROM: C. E. "Chip" Vincent, CED Administrator
STAFF CONTACT: Mark Santos -Johnson, Economic Development Manager
(ext. 6584)
SUBJECT: Renton Regional Fire Authority (RRFA) Addendum to
Interlocal Agreement
ISSUE:
Should the City Council approve the Renton Regional Fire Authority (RFFA) Addendum to
Interlocal Agreement and authorize the Mayor to execute the agreement?
RECOMMENDATION:
Staff recommends that the Council approve Resolution No. 1794 - Renton Regional Fire
Authority (RRFA) Addendum to Interlocal Agreement and authorize the Mayor to execute
the RRFA Addendum to Interlocal Agreement in substantially the same form.
BACKGROUND:
The City and Renton Regional Fire authority (RRFA) previously entered into an Interlocal
Agreement under RCW Chapter 39.34, the Interlocal Cooperation Act, for the purposes of
setting forth responsibilities and requirements with regard to the fire impact fee program.
In December 2018, the City Council adopted Ordinance No. 5912 amending the Waived
Fees provisions included in Renton Municipal Code (RMC) 4-1-210 and making available,
under specified conditions, the waiver of certain development and mitigation fees for
affordable housing projects. Among its other provisions, Ordinance No. 5912 provides that
waivable fees include "Fire impact mitigation fees, to the extent such waiver is authorized
by interlocal agreement with the Renton Regional Fire Authority." The proposed RRFA
Addendum to the Interlocal Agreement authorizes fire impact fees to be included among
the fees which the City Council may waive for eligible affordable housing projects. No
other terms of the original RRFA Interlocal Agreement are modified.
14191014ILI ` lei01;
The Renton City Council modified RMC 4-1-210 regarding Waived Fees in December 2018
to encourage the development of more affordable housing in the City. The fire impact
AGENDA ITEM #7. e)
Don Persson, Council President
Page 2 of 2
February 15, 2019
mitigation fees are included in the fees that the City can waive, subject to an Interlocal
agreement with the RRFA. The proposed RRFA Addendum to the Interlocal Agreement
allows the City to waive the fire impact fees anticipated in the modifications to RMC 4-1-
210 approved by the Council in December 2018.
cc: Robert Harrison, CAO
Jason Seth, City Clerk
Jan Hawn, Administrative Services Administrator
Gregg Zimmerman, Public Works Administrator
Kelly Beymer, Community Services Administrator
Cliff Long, Economic Development Director
AGENDA ITEM #7. e)
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO ADDENDUM NO. 1 TO INTERLOCAL
AGREEMENT FOR THE COLLECTION, DISTRIBUTION, AND EXPENDITURE OF FIRE
IMPACT FEES WITH THE RENTON REGIONAL FIRE AUTHORITY.
WHEREAS, the City and the Renton Regional Fire authority ("RRFA") (collectively referred
to herein as the "Parties") entered into an interlocal agreement under RCW Chapter 39.34, the
Interlocal Cooperation Act, forthe purposes of setting forth the responsibilities and requirements
of the Parties with regard to the fire impact fee program ("ILA"); and
WHEREAS, after the ILA was negotiated, the City adopted Ordinance No. 5912 amending
Subsections 4-1-210.A, 4-1-210.13, and 4-1-210.0 of the Renton Municipal Code ("RMC") and
making available, under specified conditions, the waiver of certain development and mitigation
fees for affordable housing projects; and
WHEREAS, among its other provisions, Ordinance No. 5912 provides that waivable fees
include "Fire impact mitigation fees, to the extent such waiver is authorized by interlocal
agreement with the Renton Regional Fire Authority;" and
WHEREAS, the Parties mutually desire to amend the ILA to allow fire impact fees to be
waived under RMC 4-1-210;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
1
AGENDA ITEM #7. e)
RESOLUTION NO.
SECTION I. The Mayor and City Clerk are hereby authorized to enter into Addendum
No. 1 to Interlocal Agreement for the Collection, Distribution, and Expenditure of Fire Impact
Fees, attached hereto as Exhibit "A" and incorporated by this reference.
PASSED BY THE CITY COUNCIL this day of 12019.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2019.
Approved as to form:
Shane Moloney, City Attorney
RES.1794:1/24/19:scr
Denis Law, Mayor
2
AGENDA ITEM #7. e)
RESOLUTION NO.
EXHIBIT "Al"'
ADDENDUM NO. 1 TO
INTERLOCAL AGREEMENT FOR THE COLLECTION,
DISTRIBUTION, AND EXPENDITURE OF FIRE IMPACT FEES
3
AGENDA ITEM #7. e)
ADDENDUM NO. 1 TO
INTERLOCAL AGREEMENT FOR THE COLLECTION,
DISTRIBUTION, AND EXPENDITURE OF FIRE IMPACT FEES
THIS ADDENDUM, dated for reference purposes only as , 2019, is made by and
between the City of Renton, a Washington municipal corporation (the "City"), and the Renton
Regional Fire Authority, a Washington special purpose district ("RRFA") (collectively, the City and
the RRFA are the "Parties"). This Addendum amends the Parties' Interlocal Agreement for the
Collection, Distribution, and Expenditure of Fire Impact Fees, filed under City file number CAG-
19-022 (the "ILA").
I. BACKGROUND
1. The City and the RRFA entered into the ILA pursuant to chapter 39.34 RCW for the
purposes of setting forth the responsibilities and requirements of the Parties with regard
to the fire impact fee program.
2. After the ILA was negotiated, the City adopted Ordinance No. 5912 amending Subsections
4-1-210.A, 4-1-210.13, and 4-1-210.0 of the Renton Municipal Code ("RMC") and making
available, under specified conditions, the waiver of certain development and mitigation
fees for affordable housing projects; and
3. Among its other provisions, Ordinance No. 5912 provides that waivable fees include "Fire
impact mitigation fees, to the extent such waiver is authorized by interlocal agreement
with the Renton Regional Fire Authority;" and
4. The Parties mutually desire to amend the existing ILA to allow fire impact fees to be
waived under RMC 4-1-210.
II. AGREEMENT
1. The RRFA hereby authorizes fire impact fees to be included among the fees which the
Renton City Council may waive pursuant to RMC 4-1-210.
2. All terms of the ILA not explicitly modified herein shall remain in full force and effect.
3. This Addendum may be executed in one or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same
instrument.
ADDENDUM NO. 1 TO INTERLOCALAGREEMENT FOR THE COLLECTION,
DISTRIBUTION, AND EXPENDITURE OF FIRE IMPACT FEES
Page 1 of 2
AGENDA ITEM #7. e)
IN WITNESS, the Parties below execute this Addendum, which shall become effective on the
last date entered below.
RENTON REGIONAL FIRE AUTHORITY
By: Roderick Marshall
Its: Fire Chief
Dated:
APPROVED AS TO FORM:
Brian Snure
Attorney for RRFA
AIII IV&Q2d4►kI0I►I
By: Denis Law
Its: Mayor
Dated:
ATTESTED TO BY:
Jason Seth, City Clerk
APPROVED AS TO FORM:
Shane Moloney, City Attorney
ADDENDUM NO. 1 TO INTERLOCALAGREEMENT FOR THE COLLECTION,
DISTRIBUTION, AND EXPENDITURE OF FIRE IMPACT FEES
Page 2 of 2
AGENDA ITEM #7. e)
ADDENDUM NO. 1 TO
INTERLOCAL AGREEMENT FOR THE COLLECTION,
DISTRIBUTION, AND EXPENDITURE OF FIRE IMPACT FEES
THIS ADDENDUM, dated for reference purposes only as , 2019, is made by and
between the City of Renton, a Washington municipal corporation (the "City"), and the Renton
Regional Fire Authority, a Washington special purpose district ("RRFA") (collectively, the City and
the RRFA are the "Parties"). This Addendum amends the Parties' Interlocal Agreement for the
Collection, Distribution, and Expenditure of Fire Impact Fees, filed under City file number CAG-
19-022 (the "ILA").
I. BACKGROUND
1. The City and the RRFA entered into the ILA pursuant to chapter 39.34 RCW for the
purposes of setting forth the responsibilities and requirements of the Parties with regard
to the fire impact fee program.
2. After the ILA was negotiated, the City adopted Ordinance No. 5912 amending Subsections
4-1-210.A, 4-1-210.13, and 4-1-210.0 of the Renton Municipal Code ("RMC") and making
available, under specified conditions, the waiver of certain development and mitigation
fees for affordable housing projects; and
3. Among its other provisions, Ordinance No. 5912 provides that waivable fees include "Fire
impact mitigation fees, to the extent such waiver is authorized by interlocal agreement
with the Renton Regional Fire Authority;" and
4. The Parties mutually desire to amend the existing ILA to allow fire impact fees to be
waived under RMC 4-1-210.
II. AGREEMENT
1. The RRFA hereby authorizes fire impact fees to be included among the fees which the
Renton City Council may waive pursuant to RMC 4-1-210.
2. All terms of the ILA not explicitly modified herein shall remain in full force and effect.
3. This Addendum may be executed in one or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same
instrument.
ADDENDUM NO. 1 TO INTERLOCALAGREEMENT FOR THE COLLECTION,
DISTRIBUTION, AND EXPENDITURE OF FIRE IMPACT FEES
Page 1 of 2
AGENDA ITEM #7. e)
IN WITNESS, the Parties below execute this Addendum, which shall become effective on the
last date entered below.
RENTON REGIONAL FIRE AUTHORITY
By: Roderick Marshall
Its: Fire Chief
Dated:
APPROVED AS TO FORM:
Brian Snure
Attorney for RRFA
AIII IV&Q2d4►kI0I►I
By: Denis Law
Its: Mayor
Dated:
ATTESTED TO BY:
Jason Seth, City Clerk
APPROVED AS TO FORM:
Shane Moloney, City Attorney
ADDENDUM NO. 1 TO INTERLOCALAGREEMENT FOR THE COLLECTION,
DISTRIBUTION, AND EXPENDITURE OF FIRE IMPACT FEES
Page 2 of 2
AGENDA ITEM #7.
AB - 2328
CITY OF
enton UOOT'71"'
SUBJECT/TITLE:
RECOMMENDED ACTION:
DEPARTMENT:
STAFF CONTACT:
EXT.:
Fee Waiver Requests for Community Services Events in 2019
Council Concur
Community Services Department
Jeannie Gabriel, Administrative Secretary
6616
Total amount of fees to be waived equals $16,450.00 as identified in the breakdown below.
The City of Renton provides numerous opportunities to engage in the community, its culture, and its citizens
through single, seasonal, and reoccurring programs and events. Fee waivers are provided to groups who
provide these opportunities, who may not be able to put them on with the added burden of these logistical
parking, rental, and permit fees.
This request is a compilation of the Community Services annual fee waiver requests, totaling $16,450.00. The
breakdown is as follows:
1. Renton Park Run (Every Saturday morning January 1-December 31, 2019): $50.00 for Special Events
Application Fee
2. Volunteer Dinner (April 17, 2019): 150 parking passes for guest and staff attending the April 17th Volunteer Dinner.
Fee for 150 passes x $2.00=$300.00
3. Seafair Trophy Race (May 19, 2019): Fee of $50.00 for Special Events Application Fee
4. City of Renton Outdoor Summer Concerts (July 11, July 18, August 1, 2019): $900.00 ($300.00 each concert)
for parking garage used for participants and vendors
5. Multicultural Festival (September 14, 2019): $150.00 for parking garage, parking for participants and
vendors
6. Renton, Lindbergh, Hazen, and Liberty High School Golf Teams (February 20 - May 25, 2019; August 20 - October 31,
2019): Golf course use for practice and matches. Combined use fees for golf course use=$15,000.00
A. Renton Park Run
B. Volunteer Program parking fees
C. Seafair Trophy Race
D. City of Renton Outdoor Summer Concerts
E. Multicultural Festival
F. High School Golf use fee
Approve the requested waiver of $16,450.00 in park, shelter rental, parking garage pass, and permit fees for
community events in 2019.
AGENDA ITEM #7. 0
AGENDA ITEM #7. 0
CITY OF RENTON
COMMUNITY SERVICES DEPARTMENT
FEE WAIVER OR REDUCTION REQUEST
Fee Waiver and/or Reduction requests will be submitted for approval to the City Council via the
Finance Committee.
Name of Group: Renton parkrun
Group Contact Person: Kortney Thoma Contact Number: 425-559-5411
Address: 1206 N 85th St, Seattle WA 98103
Email Address: kortneythoma@gmail.com
Date of Event: Every Saturday morning from Jan 1 2019 - Dec 31 2019
Number in Party: 40-70
Location: Riverview Park and the Cedar River Trail - 3201 Maple Valley Hwy, Renton, WA 98058
Type of Event: Free group run
Staff Contact Name/Telephone: Kortney Thoma - 425-559-5411
What is the total cost of the rental and applicable fees? $50
What is the cost of the fee waiver or reduction requested? $50 because we are a free event
Describe event and explain why a reduction or waiver of fees will benefit the Renton citizens:
Renton parkrun provides a free 5k running program to locals of Renton and its neighboring cities.
The program is 100% volunteer organized and does not allow commercialization at events. One time
registration allows for individuals to participate on a drop -in basis for as long as the program is
permitted and operational. Feedback from community members has been overwhelmingly positive.
Staff Recommendation:
Council Approval:
AGENDA ITEM #7. 0
CITY OF RENTON
COMMUNITY SERVICES DEPARTMENT
FEE WAIVER OR REDUCTION REQUEST
Fee Waiver and/or Reduction requests will be submitted for approval to the City Council via the
Finance Committee.
Name of Group: City Of Renton Volunteer Program
Group Contact Person: Teresa Nishi Contact Number: 425-430-6694
Address: 1055 South Grady WAy
Email Address: tnishi@rentonwa.gov
Date of Event: Wednesday, April 17, 2019
Number in Party: 300
Location: Renton Pavilion
Type of Event: City sponsored
Staff Contact Name/Telephone: Teresa Nishi /425-430-6694
What is the total cost of the rental and applicable fees?
What is the cost of the fee waiver or reduction requested? $2.00 per car x 150=$300
Describe event and explain why a reduction or waiver of fees will benefit the Renton citizens:
Would like to provide free parking to the volunteers / guests to attend this City event. The event is from 5:30-7:30pm so the
guests will need to park for more than 2 hours
Staff Recommendation:
Council Approval:
AGENDA ITEM #7. 0
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AGENDA ITEM #7. 0
CITY OF RENTON
COMMUNITY SERVICES DEPARTMENT
FEE WAIVER OR REDUCTION REQUEST
Fee Waiver and/or Reduction requests will be submitted for approval to the City Council via the
Finance Committee.
Name of Group: City of Renton Outdoor Summer Concerts (3 Dates)
Group Contact Person: Andy O'Brien Contact Number: x6704
Address: Renton City Hall
Email Address: aobrien@rentonwa.gov
Date of Event: 7/11, 7/18, 8/1
Number in Party: 100 per concert
Location: Piazza Park/Event Center
Type of Event: City Special Event
Staff Contact Name/Telephone: Andy O'Brien x6704
What is the total cost of the rental and applicable fees?
What is the cost of the fee waiver or reduction requested? Approx $300 per concert
Describe event and explain why a reduction or waiver of fees will benefit the Renton citizens:
Requesting fee waiver for the parking garage during the City of Renton Outdoor Summer Concerts - Free Parking for participants and vendors
Staff Recommendation:
Council Approval:
AGENDA ITEM #7. 0
CITY OF RENTON
COMMUNITY SERVICES DEPARTMENT
FEE WAIVER OR REDUCTION REQUEST
Fee Waiver and/or Reduction requests will be submitted for approval to the City Council via the
Finance Committee.
Name of Group: City of Renton Multicultural Festival
Group Contact Person: Andy O'Brien Contact Number: x6704
Address: City Hall
Email Address: aobrien@rentonwa.gov
Date of Event: 9/14/19
Number in Party: 50
Location: Piazza Park/Event Center
Type of Event: City special Event
Staff Contact Name/Telephone: Andy O'Brien x6704
What is the total cost of the rental and applicable fees?
What is the cost of the fee waiver or reduction requested? $150
Describe event and explain why a reduction or waiver of fees will benefit the Renton citizens:
Requesting fee waiver for the parking garage during the City of Renton Multicultural Festival - Parking for Festival participants and vendors
Staff Recommendation:
Council Approval:
AGENDA ITEM #7. 0
511
COMMUNITY SERVICES DEPARTMENT
FEE WAIVER OR REDUCTION REQUEST
Fee Waiver and/or Reduction requests will be submitted for approval to the City Council via the
Finance Committee.
Request Date: 2 15 2019
Name of Group: Renton, Lindbergh, Hazen and Liberty High School Golf Teams
Group Contact Person: Brad Anderson (Liberty), Brian Kaelin (RSD)
Contact Number: (Liberty) 425-437-4807 ; (RSD) 425-204-2423
Address (Street, State, Zip): Liberty High - 16655 SE 136th Street Renton, WA 98059
Renton School District - 300 SW 7th Street, Renton, WA 98057
Email Address: ZelinskiD@issaguah.wednet.edu ; brian.kaelin@rentonschools.us
Date of Event: February 20. 2019 - Mav 25. 2019: Aueust 20. 2019 - October 31. 2019
Number in Party: 48
Location Name/Address: Maplewood Golf Course / 4050 Maple Valley Hwy, Renton, WA 98058
Type of Event: High School Golf Teams - driving range balls and green fees for matches
Staff Contact Name/Telephone: Doug Mills / 6803
What is the total cost of the rental and applicable fees? $15,000
What is the cost of the fee waiver or reduction requested? $15,000
Describe event and explain why a reduction or waiver of fees will benefit the Renton citizens:
To promote golf in the Renton/Issaquah school districts and continue the relationship between
high schools and the Community Services Dept. ie. inter -local agreement through the
Recreation Division. In addition, golf course staff cooridnate community service invovlement
with approved teams to assist the golf course with repairing divots, picking up garage, and
sanding the seeding of fairways and tee boxes.
AGENDA ITEM #7. g)
AB - 2326
C[TY OF
-----wwwo�Renton uOo�"
SUBJECT/TITLE:
RECOMMENDED ACTION
DEPARTMENT:
STAFF CONTACT:
EXT.:
Increase Program Assistant 0.25 FTE
Refer to Finance Committee
Community Services Department
Carrie Nass, Recreation & Neighborhoods Division Manager
6624
The Parks and Trails Division is requesting the addition of 0.25 FTE Program Specialist (Pay Grade a16) to an
existing 0.50 FTE Recreation and Neighborhood Division position. Both of these divisions will be sharing this
position (0.25 FTE for Parks and Trails, and 0.50 FTE for Recreation and Neighborhoods). Recreation and
Neighborhoods has 0.50 FTE budgeted for this vacant position, and we would like to increase it to 0.75 FTE by
adding 0.25 from Parks and Trails. This increase of 0.25 FTE results in a fiscal impact of $22,637.04 (prorated, if
approved to start April 1) in 2019 and $32,208.50 in 2020. Parks and Trails Division has had consistent savings
in discretionary accounts over the past three years (average $89,860) which will cover this increase in FTE,
making it budget neutral.
The Recreation and Neighborhood Division currently has a vacant 0.50 FTE Program Assistant position. We'd
like to share 0.25 FTE of this position with the Parks and Trails Division to make it 0.75 FTE. This position
would assist with our seasonal recreation guides, marketing, website updates, database and tracking, and
assist with our seasonal farmers market and other events.
A. Issue Paper
Authorize the Community Services Department, Recreation and Neighborhood Division and Parks and Trails
Division to increase the current 0.50 FTE Program Assistant position, focused on marketing, website and event
support, to 0.75 FTE. The budget adjustment for funding this position will be incorporated into the next
quarterly budget adjustment ordinance.
AGEND
#7. g)
DATE:
11101
VIA:
FROM:
STAFF CONTACT
SUBJECT:
COMMUNITY SERVICES
DEPARTMENT
M E M O R A N D U M
February 15, 2019
Don Persson, Council President
Members of Renton City Council
Denis Law, Mayor
Kelly Beymer, Community Services Administrator
Carrie Nass, Recreation and Neighborhood Division Manager
Request to Increase 0.5 FTE Program Assistant Position to
0.75 FTE
Should authorization be granted to the Community Services Department, Recreation
and Neighborhood Division and Parks and Trails Division to increase the current 0.50 FTE
Program Assistant position focused on marketing, events, and technical support, to 0.75
FTE?
RECOMMENDATION:
Authorize the Community Services Department, Recreation and Neighborhood Division
and Parks and Trails Division to increase the current 0.50 FTE Program Assistant position
focused on marketing, events, and technical support, to 0.75 FTE. The budget
adjustment for funding this position will be incorporated into the next quarterly budget
adjustment ordinance.
BACKGROUND SUMMARY:
The Recreation and Neighborhood Division currently has a vacant 0.50 FTE Program
Assistant position. We'd like to share 0.25 FTE of this position with Parks and Trails
Division to make it 0.75 FTE. This position would assist with production of the seasonal
recreation guides, marketing, website updates, database and tracking, and with the
seasonal farmers market and other City -sponsored events. This increase of 0.25 FTE
results in a fiscal impact of $22,637.04 in 2019 (prorated to start April 151- if approved)
and $32,208.50 in 2020 for the Parks and Trails Division. Parks and Trails Division has
had consistent budget savings in discretionary accounts over the past three years
(average $89,860) which will cover this increase in FTE, making it budget neutral.
AGENDA ITEM #7. g)
Don Persson, Council President
2of2
Below is a summary of the expenditures to increase this Program Assistant position
from 0.50 FTE to 0.75 FTE:
2019 2020
Projected cost to increase by 0.25 FTE $22,637.04 $32,208.50
cc: Jan Hawn, Administrative Services Administrator
Maryjane Van Cleave, Recreation and Neighborhood Division Director
Ellen Bradley-Mak, Human Resources/Risk Management Administrator
Cailin Hunsaker, Parks and Trails Division Director
Marc Gordon, Finance Analyst
AGENDA ITEM #7. h)
AB - 2204
C[TY OF
--mwm���Renton �
SUBJECT/TITLE:
RECOMMENDED ACTION
DEPARTMENT:
STAFF CONTACT:
EXT.:
Public Defense Services Agreement
Refer to Finance Committee
Executive Department
Robert Harrison, CAO
6500
For 2019, $450,000 is budgeted for Public Defense Services. The new five-year agreement would be $765,000
annually.
On February 1, 2019, the City of Renton issued Request for Proposal CAG-19-024 for Primary Public Defense
Services. The city received six bids; one was rejected for arriving after the deadline for submission, which was
February 15, 2019, 9:00 a.m. The RFP indicates that proposals not received by the 9:00 a.m. deadline would
not be accepted. On February 20, 2019, an interview panel was conducted with the five law firms whose
proposals were submitted by the deadline given.
One of the primary goals of the RFP was to hire a Public Defender that fully understands the requirements of
the RFP, provided relatively comparable compensation for the Public Defense Attorneys relative to the City's
prosecution team, and meets the tests put forth in the Wilbur vs Mt. Vernon decision. Additionally, services
such as availability of investigative resources, multi-lingual services, support services for the defense attorneys
(administrative and para-legal support) and access to mental health and other social services were reflected in
the proposals submitted by the firms. Valley Defenders, PLLC, was the unanimous recommendation of the
panel as providing the best overall service at a realistic price.
A. Issue Paper
B. Request for Proposal published by City of Renton
C. Request for Proposal submitted by Valley Defenders, PLLC (including contract)
Approve the five-year agreement with Valley Defenders, PLLC, for public defense services in the amount of
$765,000 annually and authorize the Mayor and City Clerk to sign the agreement.
AGEND
EXECUTIVE DEPARTMENT
M E M O R A N D U M
DATE: February 21, 2019
TO: Don Persson, Council President
Members of Renton City Council
CC: Denis Law, Mayor
FROM: Robert Harrison, Chief Administrative Officer
SUBJECT: New Public Defense Services Agreement
ISSUE:
Should the Mayor and City Clerk be authorized to execute the Public Defense Services
Agreement with Valley Defenders, PLLC, to provide primary public defense services for
the City of Renton?
RECOMMENDATION:
Authorize the Mayor and City Clerk to execute a five-year agreement with Valley
Defenders, PLLC, in the amount of $765,000 annually for primary public defense
services.
BACKGROUND SUMMARY:
On February 1, 2019, the City of Renton issued Request for Proposal CAG-19-024 for
Primary Public Defense Services. The city received six bids; one was rejected for arriving
after the deadline for submission, which was February 15, 2019, 9:00 a.m. The RFP
indicates that proposals not received by the 9:00 a.m. deadline would not be accepted.
On February 20, 2019, an interview panel was conducted with the five law firms whose
proposals were submitted by the deadline given. The panel consisted of Robert
Harrison (City of Renton CAO), Bonnie Woodrow (City of Renton Court Services
Director), Judge Kimberly Walden (City of Tukwila Municipal Judge), and Tim Goff (City
of Tukwila Public Defender).
The firms were evaluated based on five (5) criterion: Qualifications and Relevant
Experience; Technical Capability, Approach, and Capacity; Communication, Customer
Service, and Training; Past Contract Performance and References; and Price
Proposal/Value. One of the primary goals of the RFP was to hire a Public Defender that
fully understands the requirements of the RFP, provided relatively comparable
compensation for the Public Defense Attorneys relative to the City's prosecution team,
and meets the tests put forth in the Wilbur vs Mt. Vernon decision. Additionally,
services such as availability of investigative resources, multi-lingual services, support
#7. h)
AGENDA ITEM #7. h)
Don Persson, Council President
Members of Renton City Council
Page 2 of 2
February 21, 2019
services for the defense attorneys (administrative and para-legal support) and access to
mental health and other social services were reflected in the proposals submitted by the
firms. As mentioned earlier, the proposed price to provide the contract services was
also a criterion. But it was not just the lower price, but a price that was reflective of the
anticipated true cost of services.
Below is a summary of the proposed prices listed in order of what the panel deemed the
most qualified firms:
FIRM
Monthly Compensation
Valley Defenders, PLLC
$63,750
Lewis & Laws, PLLC
$63,750
Horwath Law, PLLC
$41,166
Law Offices of Mathew J. Rusnak
$40,000
O'Brien Law Firm, PLLP
$44,270
Valley Defenders, PLLC, was the unanimous recommendation of the panel as providing
the best overall service at a realistic price.
CONCLUSION:
The Administration recommends that the city enter into a five-year agreement with
Valley Defenders, PLLC (or whatever legal entity is created by Valley Defenders to fulfill
the RFP requirements and enters into the agreement) effective April 1, 2019.
cc: Shane Moloney, City Attorney
Jan Hawn, Administrative Services Administrator
Bonnie Woodrow, Court Services Director
AGENDA ITEM #7. h)
Request for Proposal #CAG-19-024
Point of Contact:
Robert Harrison
Chief Administrative Officer
(425) 430-6500
rharrison@rentonwa.gov
Primary Public Defense Services
TIME LINE — The following represents the schedule for this Request for Proposal (RFP).
EVENT
DATE
Issue Date:
February 1, 2019
Deadline for Final Questions:
February 8, 2019
Proposal Due Date:
February 15, 2019, 9:00 a.m. Pacific Time
Interviews with Finalists (Anticipated):
February 20, 2019
Council Award Contract (Anticipated):
March 4, 2019
Contract Start Date (Anticipated):
April 1, 2019
Contract Term (Anticipated):
Five (5) Years
SUBMIT SEALED PROPOSALS TO:
City of Renton
City Clerk's Office, 71h Floor
1055 South Grady Way
Renton, WA 98057-3232
Clearly label the outside of the sealed envelope containing the original proposal and 6 complete
copies with the Proposal Name, Proposal #, and Point of Contact information listed above. Only
proposals that arrive in the City Clerk's Office by the deadline (the Proposal Due Date) will be
considered.
Questions: All questions about this RFP must be requested on or before the Deadline for Final
Questions via e-mail to the Point of Contact (the Chief Administrative Officer) listed above.
Unauthorized contact regarding this RFP with any other City of Renton employee or contractor may
result in disqualification. Any oral communications will be considered unofficial and non -binding on the
City of Renton. Proposers should rely only on written statements issued by the Point of Contact listed
above.
City of Renton Request for Proposal #CAG-19-024
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AGENDA ITEM #7. h)
SECTION 1 - INSTRUCTIONS
1.1 PROPOSAL SUBMITTAL
The City Clerk's office must receive the proposer's proposal, in its entirety by the Proposal
Due Date. Proposals arriving after the deadline will be rejected and disposed of
accordingly. All proposals and accompanying documentation will become the property of
the City of Renton and may not be returned.
Proposal pricing must be submitted on the forms provided in this document. To receive
consideration for award, the proposal shall be completed and signed by an authorized
representative of the proposer. Submission of a proposal constitutes acceptance of the
procedures, evaluation criteria, attachments to, and other instructions of this RFP.
Please hold open and be prepared to be interviewed on Wednesday, February 20, 2019.
If the City selects finalists, the City will conduct a random selection for interview order
and provide finalists with the time. By 4:00 p.m. on February 15, 2019, the City will notify
via email each finalist's primary contact (as identified in the proposal) of the interview
time.
1.2 EVALUATION & AWARD
At the City's sole discretion, the City may award the proposal to the proposer(s) whose
offer best meets the needs of the City, or reject any and all proposals.
1.3 WAIVER OF MINOR ADMINISTRATIVE IRREGULARITIES
The City reserves the right, at its sole discretion, to waive minor administrative
irregularities and informalities contained in any proposal submitted and accepted by the
City.
1.4 BUSINESS LICENSE
The successful proposer will be required to possess or be able to obtain a City of Renton
Business License and pay City of Renton B & 0 Tax, when applicable.
1.5 NON -ENDORSEMENT
As a result of the selection of a proposer to provide products and/or services to the City,
the City is neither endorsing nor suggesting that the proposer's product is the best or only
solution. The proposer agrees to make no reference to the City of Renton in any literature,
promotional material, brochures, sales presentation or the like without the express
written consent of the City.
1.6 NO PROPRIETARY MATERIAL
By submitting a proposal, the proposer agrees that no material submitted in response to
this RFP (including the proposal) is confidential. All materials, including without
City of Renton Request for Proposal #CAG-19-024
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AGENDA ITEM #7. h)
limitation all proposals, will be available for public inspection without notice to any
proposer. The City is subject to the Washington Public Records Act.
1.7 RESPONSE PROPERTY OF THE CITY OF RENTON
All materials submitted in response to this request become the property of the City of
Renton. Selection or rejection of a proposal does not affect this.
1.8 COST OF PREPARING PROPOSALS
The City is not responsible for any costs incurred by proposers in the preparation of
proposals submitted in response to this RFP.
SECTION 2 - SPECIFICATIONS
2.1 AGENCY BACKGROUND
The Community: Located in Southeast King County on Lake Washington, Renton is a 125-
year old city of approximately 104,000 residents. Renton continues to see regular
economic development throughout the City, is home to Boeing's 737 plant, and is the 8th
largest City in Washington. Up to 150 languages are spoken. The languages most
frequently spoken (other than English) are Spanish, Russian, Vietnamese, Ethiopian, and
Tagalog (Filipino). The City provides translation services as necessary at no cost to the
public defense services provider.
City Government: The City of Renton is a code city with a Mayor -Council form of
government. The Renton Police Department is a dynamic agency with just over 200 sworn
officers and 45 civilians who handle a myriad of tasks every day.
Municipal Court: One elected Renton Municipal Court judge and several non -elected pro
tem judges hear municipal court cases. The Honorable Judge Terry Jurado, is the presiding
judge. Court Services Director, Bonnie Woodrow, manages day-to-day Court operations.
Court staff totals 18 full-time equivalent staff, counting the Court Services Director, a
probation officer, and clerical staff. Prosecution is provided by the City Attorney's Office.
Defense services for indigent persons accused of a crime have been provided by Cayce &
Grove, PLLC. The Renton Municipal Court judge and pro tem judges determine eligibility
for public defense services for individuals charged with a misdemeanor or gross
misdemeanor who cannot afford an attorney. The Court may meet five days per week
from 8:00 AM until 5:00 PM. The calendar is subject to changes at the discretion of the
presiding judge. In general, those providing indigent defense services are present in court
from 36 to 46 hours per week.
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AGENDA ITEM #7. h)
The following table shows filings for cases in Renton Municipal Court for 2017 and 2018 for
Driving under the Influence, Non -Traffic Criminal, Traffic Criminal, and a total of all cases.
Table 1: Case Filings
Criminal Non
DUI
Criminal Traffic
Total
Traffic
2017
170
599
1,430
2,199
2018
237
717
1,687
2,641
The following table shows the approximate number of cases appointed to Cayce and Grove by
Renton Municipal Court for indigent defense services from 2017 and 2018.
fable 2: Cayce and Grove Appointments
Newly opened and appeal -appointed cases
2017 1,405
2018 1,546
The following table shows the approximate number of cases appointed to lawyers other than
Cayce and Grove by the Renton Municipal Court for indigent defense services from 2017 and
2018.
Table 3: Other (Conflicts) Appointments
Newly opened and appeal -appointed cases
2017 274
2018 396
2.2 PRIMARY PUBLIC DEFENSE CONTRACT
This RFP is for the bulk of public defense services at the Renton Municipal Court.
Proposers may wish to note that the City also anticipates seeking, in a separate RFP, to
award a secondary (conflicts) contract, which is for case appointments that the primary
contractor cannot undertake, mostly because of conflicts. This secondary contractor will
be the "default" conflicts counsel.
2.3 SCOPE OF SERVICES
The contractor(s) shall provide representational services, including lawyer services and
appropriate staff services, infrastructure, investigation and appropriate sentencing
advocacy. All proposals should take into account the adopted standards of the City in
Renton Municipal Code 3-1-7 and the Scope of Services attached as "Attachment A" to
the draft contract which is attached hereto as Exhibit A (collectively "Standards") when
submitting proposals. Proposals should include all necessary infrastructure, training, and
services necessary to comply with the Standards. Legal services provided will include, but
not be limited to, interviews of clients (including in -custody meetings at the jail) and
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AGENDA ITEM #7. h)
potential witnesses, legal research, preparation and filing of pleadings, negotiations with
the appropriate prosecutor or other agency and court regarding possible dispositions, and
preparation for and appearance at court proceedings.
SECTION 3 — PROPOSAL EVALUATION PROCESS
3.01 GENERAL
All proposals will be reviewed to determine compliance with the requirements as
specified in the RFP. Proposals will be evaluated on how well the proposal meets the
needs of the City, as described in the proposer's response to each requirement and the
evaluation criteria identified in this RFP. It is important that the responses be clear and
complete so that the evaluators can adequately understand all aspects of the proposal.
3.02 SELECTION PROCESS
The City will select the proposal that, at its sole discretion, provides the best value to the
city. "Value" shall be determined based on the proven capability of the proposer to
provide quality public defense services meeting the City's Standards at a rate
commensurate with the training and experience of the proposed team of attorneys, all as
set forth in evaluation criteria below. The City reserves the right to make an award
without further discussion of the proposal submitted; there may be no best and final offer
procedure. Therefore, the proposal should be initially submitted on the most favorable
terms that the proposer can offer.
3.03 CONTRACT AWARD AND EXECUTION
Contract award will be for the proposers that best meet the needs of the City of Renton.
The contracts resulting from the acceptance of the proposal will be in substantially in the
forms attached as Exhibit A to this RFP. Any proposed revision to the contracts must be
noted in the proposal. The City reserves the right to reject any proposed contract revision
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AGENDA ITEM #7. h)
3.04 EVALUATION CRITERIA
Selection will be based upon the ability of the proposer to best meet the Standards.. The
following criteria will be included in the evaluation of proposals.
#
CRITERIA
DESCRIPTION
A
Qualifications and Relevant Experience — experience
Evaluated based on responses to
providing and/or understanding of criminal defense
Questionnaire Form 4.04.
services, including consideration of the qualifications
of the specific attorneys who would provide the
service under the proposal
B
Technical Capability, Approach, and Capacity —
Evaluated based on responses to
proposed delivery of services, including the proven or
Questionnaire Form 4.04.
potential ability of the proposer to fully comply with
all standards
C
Communication, Customer Service and Training — the
Evaluated based on responses to
experience and ability of the attorneys to respond
Questionnaire Form 4.04.
and communicate with clients
D
Past Contract Performance and References —
Evaluated based on responses to
including proposer's history of fulfilling contracts of
Questionnaire Form 4.04.
this type and references
E
Price Proposal/Value
Evaluate price proposals (Price
Sheet Form 4.03) to determine if
they are realistic for the work to
be performed and demonstrates
understanding of the services to
be provided. Evaluation is also
based on whether the price
proposed is commensurate with
the training and experience of
the proposed team of attorneys.
3.05 INTERVIEWS
The purpose of interviews, if held, will be to further review the finalist(s) in specific areas
to determine which proposal provides the best fit and value to the City of Renton.
Finalist(s) shall have key employees attend the interview.
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AGENDA ITEM #7. h)
SECTION 4 — PROPOSAL SUBMITTAL REQUIREMENTS
4.01 SUBMITTAL REQUIREMENTS
Proposers shall provide a proposal that demonstrates an understanding of the project
requirements as stated throughout this RFP.
Proposals in response to this RFP must be submitted in the order specified below.
Proposals must include:
1. Cover Page: Proposer Commitment and Information: Form 4.02 (attached).
2. Price Sheet: Form 4.03 (attached).
3. Narrative Responses to the Questions Asked in Form 4.04 (attached). Proposers
should re -type the heading, question identifier and question. Then answer the
questions and provide in the order requested. Proposers may emphasize in their
narrative any areas of their proposal that they believe exceed our requirements.
4. Suggested response format:
• Standard 8 1/2" x 11" paper
• Double -sided, numbered pages
• Typed with a minimum of 11-point font
City of Renton Request for Proposal #CAG-19-024
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AGENDA ITEM #7. h)
PROPOSAL COVER PAGE
FORM 4.02 PROPOSER COMMITMENT AND INFORMATION
RFP #CAG-19-024 PRIMARY PUBLIC DEFENSE SERVICES
Company Name:
Company Address:
City:
State:
Zip:
Tax ID #:
UBI #:
Legal status of organization, i.e., corporation, partnership, sole proprietorship.
Website:
City of Renton Business License #:
Proposer Contact Name (if different from
Proposer Contact Title:
Authorizing Official):
Proposer Contact Email:
Proposer Contact Direct Phone:
Proposer Contact Address (if different from above):
City:
State:
ZIP:
By responding to this solicitation, the proposer understands and agrees to be bound by all requirements and
contract terms and conditions contained in this solicitation. By signing this form, the proposer acknowledges
receipt and understanding of any and all addenda issued for this solicitation. This form, signed by an
individual authorized to legally commit the proposer, shall be submitted as the cover page.
The proposer also certifies that:
• I am authorized to commit my firm to this proposal and that the information herein is valid for 120
days from this date.
• That all information presented herein is accurate and complete and that the scope of work can be
performed as presented in this proposal upon the City's request.
• That I have had an opportunity to ask questions regarding this proposal and that those questions
have been answered.
• That each and every attorney proposed to provide legal services has read is familiar with the
Washington Supreme Court's Standards for Indigent Defense, Renton Municipal Code 3-1-7,
Wilber v. Mt. Vernon, 989 F. Supp. 1122 (W.D. 2013), and the WSBA's current Standards for
Indigent Defense Services.
• That the proposal submitted includes all required training, infrastructure, and service required
under such standards.
Authorizing Official Name:
Authorizing Official Title:
Authorizing Official Email:
Authorizing Official Phone:
Authorizing Official Signature:
City of Renton Request for Proposal #CAG-19-024
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AGENDA ITEM #7. h)
FORM 4.03 PRICE SHEET
RFP #CAG-19-024 PRIMARY PUBLIC DEFENSE SERVICES
Proposer's Name:
Based on the City's case count projection below, we propose the following monthly
compensation based upon an annual caseload projection of 1700 cases:
Year 1 (April 2019- March 2020): $
per month.
Monthly payments for Year 2 through Year 5 shall be adjusted upwards by 3% per year, subject
to negotiated upward or downward adjustments based upon significant increases or decreases
in projected caseloads.
At time of award, the City will finalize the case count requirement to be used for the contract.
The finalized case count and a negotiated monthly compensation amount for that case count
will be incorporated into the contract. The contract is attached as Exhibit A to the RFP.
City of Renton Request for Proposal #CAG-19-024
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AGENDA ITEM #7. h)
FORM 4.04 QUESTIONNAIRE
RFP #CAG-19-024 PRIMARY PUBLIC DEFENSE SERVICES
Proposers shall complete this "Questionnaire" providing the information in the same order
requested below. Proposers may emphasize in their narrative any areas of their proposal that
they believe exceed our requirements.
A. Qualifications & Relevant Experience — Experience providing and/or understanding of
criminal defense services.
1. Attach resumes and provide the Washington Bar # of all attorneys who will provide
legal services resulting from the award of this RFP. Identify supervising attorneys.
Specifically highlight experience in criminal defense.
2. Are all attorneys providing legal services in good standing in every bar association of
which they are a member? If not, explain.
3. For each attorney providing legal services, describe the attorney's experience
representing indigent clients. Include the types of cases.
4. In how many courts do the attorneys providing legal services currently represent
defendants? How many clients and in which courts did these attorneys appear in
2018?
5. Do any of the attorneys providing legal services, or individuals associated with these
attorneys, have any conflicts of interest with any Renton Municipal Court judge or
staff? If yes, explain.
6. For each attorney providing legal services, describe your experience working with ex -
offenders, the mentally ill, or other clients in need of social service referrals.
B. Technical Capability, Approach, and Capacity — Proposed Delivery of Services
Taking into account the Standards:
1. How many attorneys providing legal services (FTE) will be employed to satisfy the
requirements of this proposal? Include and identify the supervising attorney(s).
2. How many support staff (FTE) do you anticipate employing to satisfy the requirements
of this proposal?
3. Describe how you plan to handle the estimated annual caseload and required
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AGENDA ITEM #7. h)
4. What capacity for working with non-English speaking clients do the attorneys
providing legal services possess? Explain in detail any experience representing non-
English speaking clients.
5. Describe the strategies and use of support staff you plan to utilize in order to balance
a high case load, high quality representation meeting the Standards, and cost
effectiveness.
6. How will you monitor the case load of attorneys providing legal services?
7. Will the attorneys providing legal services, or associated attorneys, continue to
maintain a private practice? If so, Washington Supreme Court Standard 3.3 requires
attorneys who maintain a private practice in addition to a public defense practice have
public defense caseloads that "should be based on the percentage of time a lawyer
devotes to public defense." If your practice includes both public defense work and
private clients, describe how attorney time will be allocated and how it will be
monitored to maintain compliance with Standard 3.3?
8. Do you anticipate using APR 9 interns, and if so, how will they be used and adequately
supervised?
9. Describe the strategies and use of support staff you plan to utilize in order to balance
a high case load, high quality representation meeting the Standards, and cost
effectiveness.
10. Provide any noteworthy elements of your approach to legal representation which
speak to the types of cases or the demographic characteristics of Renton's public
defense work.
11. Describe the system of performance reviews to assure that all attorneys are providing
adequate legal representation and complying with the Standards.
12. Provide a statement explaining how you define "conflicts of interest" and describe the
procedure for screening conflicts.
13. Describe your approach to plea-bargaining and alternative dispositions of criminal
charges would be utilized.
14. Standard 3.3 assumes "fully supported ... attorneys." Standard 5.2 identifies costs
associated with public defense representation. Please describe the resources in your
office that will be used to fully support attorneys providing public defense service.
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AGENDA ITEM #7. h)
15. Standard 6.1 provides that "Public defense attorneys shall use investigation services
as appropriate." What do you think is the best manner in which investigative services
shall be made available? Would you recommend a staff investigator be employed in
your office? A panel to which attorneys can apply? What has been your previous
experience working with and obtaining the services of an investigator?
16. In what circumstances would you allow for representation by an attorney other than
the attorney of record?
17. Please describe how you propose to handle disagreements with court staff or court
procedures.
C. Communication, Customer Service and Training
1. What philosophy will guide your provision of public defense services?
2. What systems will you put in place to assure that clients can easily contact their
attorneys and that attorneys maintain client contact?
3. The City will require its public defense office to regularly report information
demonstrating that its public defender is complying with the Standards and the
Performance Guidelines for Criminal Defense Representation approved by the
Washington State Bar Association. Refer to the contract for specifics.
a. Please describe your firm's capacity to provide this information and any
software or other reporting format utilized by the proposer.
4. How will success be measured for clients?
5. Describe how you will adequately serve clients within Renton and surrounding areas
who may have limited abilities to travel. What processes will you utilize to provide
adequate opportunity for communication?
6. Describe the type and amount of training provided to the attorneys associated with
this RFP. How much in-house and courtroom mentoring and supervision will be
available and how much emphasis do you place on mentoring and supervision?
7. Describe your firm's plan to ensure effective communication with clients and how you
will coordinate internally to maintain consistency. Identify any constraints that might
affect your ability to respond timely; include your plan to maintain services under such
constraints.
8. Do you need office space within the City of Renton City Hall to meet with clients?
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AGENDA ITEM #7. h)
D. Past Contract Performance & References
1. If any attorneys providing legal services have previously provided contract services for
a city or county, please provide documents outlining the quality of contract
compliance under those previous contracts. If such documents are not available,
please provide contact information for the contract administrator at the contracting
agency.
2. If applicable, have any of the attorneys providing legal services ever had a contract
that was terminated partly or wholly for performance?
3. In the last five years, have any attorneys been placed on corrective action in relation
to such contract?
4. Have any of the attorneys providing legal services been removed from representation
in a case for any reason other than conflict of interest or irreconcilable differences
with a client, or been found in any manner to be ineffective in the representation of
his/her clients by an ethics panel or by any court? If yes, please explain.
5. Describe any past instances when an attorney providing legal services has been
sanctioned by any court for any reason.
6. Has any attorney providing legal services settled a dispute relating to malpractice prior
to filing or had an action for malpractice filed in any court? If yes, please explain.
7. Has any attorney providing legal services been subject to a complaint, claim, or case
in which the Washington State Bar Association opened an investigation regarding any
violation of the Rules of Professional Conduct? If yes, please explain.
8. Please explain what corrective action will be taken as a result of a disciplinary finding
or sanction arising out of the provision of public defense services.
9. Please provide three (3) references (with name, title, address, and phone number)
who can speak to your ability to provide defense services to indigent persons charged
with misdemeanor offenses. Include a brief statement describing the relationship to
the reference.
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AGENDA ITEM #7. h)
EXHIBIT A: DRAFT FORM OF CONTRACT
[See attached]
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AGENDA ITEM #7. h)
Exhibit A — RFP Draft Agreement — Primary Public Defense Services
AGREEMENT FOR PRIMARY PUBLIC DEFENSE SERVICES
THIS AGREEMENT, dated Click here to enter text., is by and between the City of Renton (the
"City"), a Washington municipal corporation, and Click here to ent-~ text. ("Public Defender"),
Click here to enter text.. The City and the Public Defender are referred to collectively in this
Agreement as the "Parties." Once fully executed by the Parties, this Agreement is effective as of
the last date signed by both parties.
1. Scope of Work: Public Defender agrees to act as the City's primary public defense law
firm and to provide indigent defense services to all indigent criminal defendants and
those individuals under the supervision of the Renton Municipal Court whom the City is
legally required to provide indigent legal defense services. This Scope of Work, and
exceptions to Public Defender's duty to provide indigent defense services, is further
specified in Attachment A, which is attached and incorporated herein and may
hereinafter be referred to as the "Work."
2. Changes in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Work consisting of additions, deletions or modifications. Any such changes
to the Work shall be ordered by the City in writing and the Compensation shall be
equitably adjusted consistent with the compensation provided by this Agreement or as
otherwise mutually agreed by the Parties.
3. Term:
A. Commencement. Public Defender shall commence full performance of the
Agreement starting on April 1, 2019. As of that date, Public Defender shall represent
all indigent defendants seeking counsel who have not been previously assigned to
another attorney, except as otherwise provided in the Work. Formal case
appointments will be made by the Renton Municipal Court. Prior to formal
appointment, Public Defender will provide limited representation as specified in the
Work.
B. Previously Assigned Defendants. This section may need updating.
To the extent possible if the Public Defender was the City's primary contracted
public defender immediately prior to this Agreement, Public Defender shall
continue to represent all clients previously appointed and its representation
of such clients shall continue, without additional compensation, under the
AGENDA ITEM #7. h)
Exhibit A — RFP Draft Agreement — Primary Public Defense Services
terms and conditions of this Agreement, including conformance with the
Defense Standards in the Work.
ii. To the extent Public Defender was not the City's primary contracted public
defender immediately prior to this Agreement, it is anticipated that the prior
public defender will continue to represent clients appointed prior to April 1,
2019, through the earlier of the conclusion of such cases, or June 30, 2019.
iii. For cases assigned to the previous public defender that remain active on July
1, 2019, the previous public defender may seek leave from the court for Public
Defender to substitute, and Public Defender will accept such substitution
except as provided for in the Work (e.g. Public Defender is not required to
accept the substitution if doing so would violate the rules of professional
conduct).
C. End of Term. Unless terminated pursuant to Section 5, the term of this Agreement
shall run for five (5) years through March 2024. The Agreement may be extended by
written mutual agreement of the parties. After expiration of the term, as may be
extended, the City will stop appointing new clients under this Agreement. Public
Defender will continue to represent all clients appointed prior to expiration of the
term through the earlier of (i) completion of the appointed cases, (ii) three (3) months
after the City appoints a new primary public defender, or (iii) the court grants
withdrawal due to a conflict of interest or other rule of professional conduct that
mandates withdrawal. All applicable terms of this Agreement shall continue to apply
to all Work performed after expiration of the term, including but not limited to
conformance with the Defense Standards while representing clients appointed during
the Term. Public Defender agrees to negotiate in good faith a short term extension to
the end of the term if the City is delayed in reaching an agreement with a successor
public defender.
4. Compensation:
A. Base Compensation. The City shall pay Public Defender Base Compensation according
to following schedule of monthly payments for its performance of the Work:
Year 1:
Months 1-12:
$
per
month.
Year 2:
Months 13-24:
$
per
month.
Year 3:
Months 25-36:
$
per
month.
Year 4:
Months 27-48:
$
per
month.
Year 5:
Months 49-60:
$
per
month.
Page 2 of 13
AGENDA ITEM #7. h)
Exhibit A — RFP Draft Agreement — Primary Public Defense Services
Except as provided otherwise herein, the cost of all infrastructure, salaries,
administrative support and systems, legal research and criminal database
subscriptions, as well as standard overhead services necessary to perform the Work
are included in this base compensation. The increases for each year represent an
annual increase in Base Compensation of 3%.
The Base Compensation set forth in this subsection is intended to fully compensate
and prepay Public Defender for the completion of all new cases assigned within the
month the compensation is earned. Because Base Compensation is a prepayment for
completion of cases, it shall not continue to be paid after the term of this contract
expires even though Public Defender will continue to represent clients appointed
prior to the term's expiration.
B. Adlustment to Base Compensation Due to Case Load. The Base Compensation
presumes Public Defender will be assigned up to cases annually, in
addition to its provision of required limited representation services. For purposes of
this subsection, the projected number of cases excludes cases for which Public
Defender withdrawals prior to performing substantial services due to a conflict or
other ground for withdrawal.
The City and the Public Defender agree to negotiate prospective adjustments to the
Base Compensation if there is (or is reasonably anticipated to be) either (i) a significant
increase in the cases assigned, such that Public Defender would be required to hire
additional attorney staff to remain in compliance with the Defense Standards required
by the Work, or (ii) a significant decrease in the number of cases assigned, such that
Public Defender could reduce attorney staff and remain in compliance with the
Standards. At the request of either party, the Parties will periodically review case
assignment trends and any other matters needed to determine Agreement
compliance or necessary Agreement modifications.
Public Defender shall promptly notify the City when quarterly caseloads can
reasonably be anticipated to require use of secondary or conflict counsel to assure
that cases assigned to Public Defender remain within the limits adopted in this
Agreement and comply with state and local standards. Upon receipt of such
notification, the City will review the information provided and determine whether use
of secondary counsel is necessary. Public Defender will provide any supplemental
information reasonably requested by the City to make its determination.
C. Payments in Addition to Base Compensation. The City shall pay for the following case
expenses when reasonably incurred and approved by the Renton Municipal Court
from funds available for that purpose:
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Discovery. Discovery shall be provided in accordance with law and court rule by
the City Prosecutor. When practical, discovery will be provided in an electronic
format. Public Defender shall establish reasonable technological capability to
receive discovery electronically.
ii. Preauthorized Non -Routine Expenses. Non -routine case expenses requested by
the Public Defender and preauthorized by order of the Renton Municipal Court.
Unless the services are performed by Public Defender's staff or subcontractors,
non -routine expenses include, but are not limited to:
a. Investigation expenses;
b. Medical and psychiatric evaluations;
c. Expert witness fees and expenses;
d. Interpreters;
e. Polygraph, forensic and other scientific tests;
f. Unusually extensive computerized legal research;
g. Any other non -routine expenses the Court finds necessary and proper
for the investigation, preparation, and presentation of a case. In the
event any expense is found by the Court to be outside of its authority
to approve, the Public Defender may apply to the City's contract
manager or his/her designee for approval, such approval not to be
unreasonably withheld.
iii. Lay Witness Fees. Statutorily required lay witness fees and mileage incurred in
bringing defense witnesses to court, but not including salary or expenses of law
enforcement officers required to accompany incarcerated witnesses;
iv. Copying Clients' Files. The cost, if it exceeds $25, of providing one copy of a
client's or former client's case file upon client's or client's appellate, post -
conviction relief or habeas corpus attorney's request, or at the request of
counsel appointed to represent the client when the client has been granted a
new trial;
V. Records. To the extent such materials are not provided through discovery,
medical, school, birth, Department of Licensing, and other similar records, and
911 and emergency communication recordings and logs, when the cost of an
individual item does not exceed $75; and
vi. Process Service. The normal, reasonable cost for the service of a subpoena,
subject to the requirements of CrRLJ 4.8(a).
vii. Other Costs. Costs not identified within this Subsection 4.0 will be reimbursed
by the City only upon preapproval by the City's contract manager. Public
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Defender shall apply for such preapproval in writing before incurring the costs
sought to be reimbursed.
D. Method of Payment. On a monthly or no less than quarterly basis during any quarter
in which Work is performed, the Public Defender shall submit a voucher or invoice in
a form specified by the City, including a list of cases assigned during the period for
which compensation is sought, the name of the attorney(s) assigned to each case, and
itemization of any reimbursable costs incurred. Payment shall be made by the City
for Work performed within thirty (30) calendar days after receipt and approval by the
appropriate City representative of the voucher or invoice. If the Public Defender's
performance does not meet the requirements of this Agreement, the Public Defender
will correct or modify its performance to comply with the Agreement. The City may
withhold payment for work that does not meet the requirements of this Agreement.
E. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by
the City of any remedies it may have against the Public Defender for failure of the
Public Defender to perform the Work or for any breach of this Agreement by the
Public Defender.
F. Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City shall not be
obligated to make payments for Work or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Work for which funds are allocated. No penalty or expense shall accrue to
the City in the event this provision applies.
S. Termination:
A. Optional Shortening of Term. Either party may elect to shorten the term of this
agreement, for any reason, by giving no less than a one (1) year advance notice of the
date upon which the party wishes to end the term. In the event the term is shorted
pursuant to this subsection, all other provisions of this agreement shall remain in
place, including Public Defender's duty to continue performing the Work on cases
assigned within the term for three (3) months after the end of the term.
B. For Cause Termination. This Agreement may be terminated for good cause for
violation of any material term of this Agreement. "Material term" shall include any
violation indicating a failure to provide representation in accordance with the rules of
court, the ethical obligations established by the Washington State Bar Association,
the willful disregard of the rights and best interests of the client, a willful violation of
the Defense Standards, the provisions of Section 12 relating to insurance, conviction
of a criminal charge, and/or a finding that the license of an attorney providing service
under this Agreement, has been suspended or revoked. Any violation of the other
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provisions of this Agreement shall be subject to cure. Written notice of Agreement
violation shall be provided to the Public Defender who shall have thirty (30) business
days to cure the violation. Failure to correct the violation will give rise to termination
for cause at the City's discretion. In lieu of terminating this Agreement, the City may
agree in writing to alternative corrective measures.
6. Record Maintenance: The Public Defender acknowledges that it is responsible for
maintenance of records created in the performance of this agreement in compliance with
applicable ethical obligations to clients and pursuant to applicable state public records
retention schedules. The Public Defender agrees to provide access to and copies of any
non -confidential records related to its compliance with the Defense Standards and/or
with any records the City is required to provide in response to a Washington State Public
Records Act (Chapter 42.56 RCW). To the extent Public Defender asserts attorney client
privilege or other applicable exemption in response to a public records request, Public
Defender agrees to redact such privileged information and prepare a privilege log as
required by the Public Records Act. The provisions of this section shall survive the
expiration or termination of this Agreement.
7. Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Public Defender shall make a due diligent
search of all records in its possession or control relating to this Agreement and the Work,
including, but not limited to, e-mail, correspondence, notes, saved telephone messages,
recordings, photos, or drawings and provide them to the City for production. In the event
Public Defender believes said records need to be protected from disclosure, it may, at
Public Defender's own expense, seekjudicial protection. Public Defender shall indemnify,
defend, and hold harmless the City for all costs, including attorneys' fees, attendant to
any claim or litigation related to a Public Records Act request for which Public Defender
has responsive records and for which Public Defender has withheld records or
information contained therein, or not provided them to the City in a timely manner. Public
Defender shall produce for distribution any and all records responsive to the Public
Records Act request in a timely manner, unless those records are protected by court
order. The provisions of this section shall survive the expiration or termination of this
Agreement.
8. Independent Contractor Relationship:
A. The Public Defender is retained by the City only for the purposes and to the extent
set forth in this Agreement. The nature of the relationship between the Public
Defender and the City during the period of the Work shall be that of an independent
contractor, not employee. The Public Defender, not the City, shall have the power to
control and direct the details, manner or means of Work. Specifically, but not by
means of limitation, the Public Defender shall have no obligation to work any
particular hours or particular schedule, unless otherwise indicated in the Scope of
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Work or where scheduling of attendance or performance is mutually arranged due to
the nature of the Work. Public Defender shall retain the right to designate the means
of performing the Work covered by this agreement, and the Public Defender shall be
entitled to employ other workers at such compensation and such other conditions as
it may deem proper, provided, however, that any contract so made by the Public
Defender is to be paid by it alone, and that employing such workers, it is acting
individually and not as an agent for the City.
B. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to Public
Defender or any employee of the Public Defender.
C. If the Public Defender is a sole proprietorship or if this Agreement is with an individual,
the Public Defender agrees to notify the City and complete any required form if the
Public Defender retired under a State of Washington retirement system and agrees
to indemnify any losses the City may sustain through the Public Defender's failure to
do so.
9. Hold Harmless: The Public Defender agrees to release, indemnify, defend, and hold
harmless the City, elected officials, employees, officers, representatives, and volunteers
from any and all claims, demands, actions, suits, causes of action, arbitrations,
mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses,
fines, fees, penalties, expenses, attorney's or attorneys' fees, costs, and/or litigation
expenses to or by any and all persons or entities, arising from, resulting from, or related
to the negligent acts, errors or omissions of the Public Defender in its performance of this
Agreement or a breach of this Agreement by Public Defender, except for that portion of
the claims caused by the City's sole negligence.
It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute Public Defender's waiver of immunity under the Industrial
Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties
have mutually negotiated and agreed to this waiver. The provisions of this section shall
survive the expiration or termination of this Agreement.
10. Gifts and Conflicts: The City's Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
with the City's Code of Ethics and state law, the Public Defender shall not give a gift of
any kind to City employees or officials. Public Defender also confirms that Public Defender
does not have a business interest or a close family relationship with any City officer or
employee who was, is, or will be involved in selecting the Public Defender, negotiating or
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administering this Agreement, or evaluating the Public Defender's performance of the
Work.
11. City of Renton Business License: The Public Defender shall obtain a City of Renton
Business License prior to performing any Work and maintain the business license in good
standing throughout the term of this agreement with the City.
Information regarding acquiring a city business license can be found at:
http://www.rentonwa.gov/cros/One.aspx?portalld=7922741&pageld=9824882
Information regarding State business licensing requirements can be found at:
http://dor.wa.gov/doing-business/register-my-business
12. Insurance: Public Defender shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. In the event that Work delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors and
Omissions coverage shall be provided with minimum limits of $1,000,000 per
occurrence. "Professional Services", for the purpose of this section, shall mean any
Work provided by a licensed professional or Work that requires a professional
standard of care.
C. Workers' compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
D. Commercial Automobile Liability for owned, leased, hired or non -owned, leased, hired
or non -owned, with minimum limits of $1,000,000 per occurrence combined single
limit, if there will be any use of Public Defender's vehicles on the City's Premises by or
on behalf of the City, beyond normal commutes.
E. Public Defender shall name the City as an Additional Insured on its commercial
general liability policy on a non-contributory primary basis. The City's insurance
policies shall not be a source for payment of any Public Defender liability, nor shall
the maintenance of any insurance required by this Agreement be construed to limit
the liability of Public Defender to the coverage provided by such insurance or
otherwise limit the City's recourse to any remedy available at law or in equity.
F. Subject to the City's review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before performing the Work.
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G. Public Defender shall provide the City with written notice of any policy cancellation,
within two (2) business days of their receipt of such notice.
13. Delays: Public Defender is not responsible for delays caused by factors beyond the Public
Defender's reasonable control. When such delays beyond the Public Defender's
reasonable control occur, the City agrees the Public Defender is not responsible for
damages, nor shall the Public Defender be deemed to be in default of the Agreement.
14. Successors and Assigns: Neither the City nor the Public Defender shall assign, transfer or
encumber any rights, duties or interests accruing from this Agreement without the
written consent of the other.
15. Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below (as modified in writing from time
to time by such party), and given personally, by registered or certified mail, return receipt
requested, by facsimile or by nationally recognized overnight courier service. Time period
for notices shall be deemed to have commenced upon the date of receipt, EXCEPT
facsimile delivery will be deemed to have commenced on the first business day following
transmission. Email and telephone may be used for purposes of administering the
Agreement, but should not be used to give any formal notice required by the Agreement.
CITY OF RENTON
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1055 South Grady Way
Renton, WA 98057
Phone: (425) 430-Click here to enter text.
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Fax: (425) 430-Click here to enter text.
PUBLIC DEFENDER
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Phone: Click here to enter text.
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Fax: Click here to enter text.
16. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Public Defender agrees as follows:
A. Public Defender, and Public Defender's agents, employees, representatives, and
volunteers with regard to the Work performed or to be performed under this
Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality,
creed, marital status, sexual orientation or preference, age (except minimum age and
retirement provisions), honorably discharged veteran or military status, or the
presence of any sensory, mental or physical handicap, unless based upon a bona fide
occupational qualification in relationship to hiring and employment, in employment
or application for employment, the administration of the delivery of Work or any
other benefits under this Agreement, or procurement of materials or supplies.
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B. The Public Defender will take affirmative action to insure that applicants are
employed and that employees are treated during employment without regard to their
race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or
mental handicaps, or marital status. Such action shall include, but not be limited to
the following employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of
compensation and selection for training.
C. If the Public Defender fails to comply with any of this Agreement's non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
D. The Public Defender is responsible to be aware of and in compliance with all federal,
state and local laws and regulations that may affect the satisfactory completion of the
project, which includes but is not limited to fair labor laws, worker's compensation,
and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton
Council Resolution Number 4085.
17. Miscellaneous: The parties hereby acknowledge:
A. The City is not responsible to train or provide training for Public Defender.
B. Public Defender will not be reimbursed for job related expenses except to the extent
specifically agreed within the attached exhibits.
C. Public Defender shall furnish all tools and/or materials necessary to perform the Work
except to the extent specifically agreed within the attached exhibits.
D. In the event special training, licensing, or certification is required for Public Defender
to provide Work he/she will acquire or maintain such at his/her own expense and, if
Public Defender employs, sub -contracts, or otherwise assigns the responsibility to
perform the Work, said employee/sub-contractor/assignee will acquire and or
maintain such training, licensing, or certification.
E. This is a non-exclusive agreement and Public Defender is free to provide his/her Work
to other entities, so long as there is no interruption or interference with the provision
of Work called for in this Agreement.
F. Public Defender is responsible for his/her own insurance, including, but not limited to
health insurance.
G. Public Defender is responsible for his/her own Worker's Compensation coverage as
well as that for any persons employed by the Public Defender.
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H. Except as specifically provided herein, the Public Defender shall be solely responsible
for payment of any taxes imposed as a result of the performance and payment of this
Agreement.
18. Other Provisions:
A. Approval Authority. Each individual executing this Agreement on behalf of the City
and Public Defender represents and warrants that such individuals are duly
authorized to execute and deliver this Agreement on behalf of the City or Public
Defender.
B. General Administration and Management. The City's project manager is its Chief
Administrative Officer. In providing Work, Public Defender shall coordinate with the
City's contract manager or his/her designee.
C. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D. Conflicts. In the event of any inconsistencies between Public Defender proposals and
this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments
to this Agreement are incorporated by reference only to the extent of the purpose for
which they are referenced within this Agreement. To the extent a Public Defender
prepared exhibit conflicts with the terms in the body of this Agreement or contains
terms that are extraneous to the purpose for which it is referenced, the terms in the
body of this Agreement shall prevail and the extraneous terms shall not be
incorporated herein.
E. Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
Renton. Public Defender and all of the Public Defender's employees shall perform the
Work in accordance with all applicable federal, state, county and city laws, codes and
ordinances.
F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared
by the joint efforts of the Parties and shall not be construed against one party or the
other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution.
G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or
interpret this Agreement or any of its terms or covenants shall be brought in the King
County Superior Court for the State of Washington at the Maleng Regional Justice
Center in Kent, King County, Washington, or its replacement or successor. Public
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Defender hereby expressly consents to the personal and exclusive jurisdiction and
venue of such court even if Public Defender is a foreign corporation not registered
with the State of Washington.
H. Severability. A court of competent jurisdiction's determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
I. Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
J. Time is of the Essence. Time is of the essence of this Agreement and each and all of
its provisions in which performance is a factor. Adherence to completion dates set
forth in the description of the Work is essential to the Public Defender's performance
of this Agreement.
K. Third -Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of the Parties and no one else.
L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns,
and legal representatives to the other party to this Agreement, and to the partners,
successors, assigns, and legal representatives of such other party with respect to all
covenants of the Agreement.
M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party's
failure to enforce any provision of this Agreement shall not be a waiver and shall not
prevent either the City or Public Defender from enforcing that provision or any other
provision of this Agreement in the future. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any prior or subsequent breach
unless it is expressly waived in writing.
N. Counterparts. The Parties may execute this Agreement in any number of
counterparts, each of which shall constitute an original, and all of which will together
constitute this one Agreement.
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IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties below.
CITY OF RENTON
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Date
Attest
Jason A. Seth
City Clerk
Approved as to Legal Form
Shane Moloney
Renton City Attorney
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PUBLIC DEFENDER
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Date
AGENDA ITEM #7. h)
Exhibit A — RFP Draft Agreement — Primary Public Defense Services
ATTACHMENT A
Primary Public Defense Services Scope of Work
Section 1. Duty of Representation
1.1 General Scope of Representation. Public Defender shall act as the City's primary public
defense law firm, except as specified herein or precluded by applicable law or professional
ethical standards, and provide indigent defense services to all indigent criminal
defendants charged by the City of Renton with misdemeanors and/or gross
misdemeanors and those individuals under the supervision of the Renton Municipal Court
whom the City is legally required to provide indigent legal defense services.
1.2 Representation of Defendants at Critical Stages. The Public Defender is required to
provide defense services at all critical stages of criminal proceedings, as such stages are
interpreted through applicable case law. This includes, but is not limited to,
representation of formally appointed clients from time of appointment through any
appeal stages and post -conviction review hearings. Accordingly, in addition to
representing clients who are formally assigned by the Renton Municipal Court, the Public
Defender will provide limited, but effective, representation to those who self -identify as
unable to retain a private attorney and request assistance of counsel during critical stages
of criminal proceedings prior to indigency screening by the Renton Municipal Court. This
limited representation may include, but is not limited to, advising defendants or suspects
who have been arrested or are under police investigation/interrogation, defendants in
custody awaiting arraignment, and defendants who are out of custody participating in an
arraignment hearing. Public Defender shall provide the Renton Police Department a
working phone number at which an attorney may be reached at all hours as necessary to
comply with the limited representation requirement. Public Defender's representation
of individuals prior to formal appointment shall not extend beyond indigency screening
unless the Renton Municipal Court formally appoints Public Defender to continue
representation. Public Defender shall advise all individuals, to whom it provides limited
representation, the nature of the limited representation consistent with applicable rules
of professional conduct.
1.3 Exceptions from Duty of Representation. Public Defender shall not be required to
represent indigent clients under the following circumstances:
1.3.1 Representation of that client would create a conflict of interest or other violation
of the rules of professional conduct, provided that withdrawal from
representation or denial or an appointment is approved by the court consistent
with applicable rules of professional conduct; or
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1.3.2 Public Defender and the City agree that the number of cases and/or amount of
Work assigned to Public Defender under this Agreement materially exceeds the
level of work or case load contemplated by the Parties and the City agrees that,
rather than adjusting Contractor's compensation, the client may be assigned to a
secondary/conflict public defender. If Public Defender wishes to invoke this
subsection, it shall provide a request to the City as soon as practically possible and
provide all documentation requested by the City to support Public Defender's
request.
Section 2. General Duties and Standards of Representation
2.1 Defense Standards. The Public Defender's primary and most fundamental responsibility
is to promote and protect the interest of the client. The Public Defender shall provide
effective representation to all clients in a professional, skilled manner and at all times
comply with the Washington State Supreme Court Standards for Indigent Defense
currently in place or as hereafter amended, the applicable Rules of Professional Conduct,
applicable court rules, the most current Washington State Bar Association Standards for
Indigent Defense Services approved by the Board of Governors, applicable standards
adopted by the City in this contract or by policy, resolution, or ordinance, and all case law
and applicable court rules defining the duties of counsel and the rights of defendants in
criminal cases, in particular the decision in Wilber v. Mt. Vernon, 989 F. Supp. 1122 (W.D.
2013) (collectively, "Defense Standards").
2.2 Attorney Case Loads. Each attorney providing services under this Agreement shall
maintain a case load which fully complies with the Defense Standards. This includes, but
is not limited to, offsetting the maximum number of cases each attorney may be assigned
by the amount of time such attorney spends representing private clients, providing
limited representation services (including those services required to be provided by
Section 1.2 above), or to account for the attorney's part time status. Unless separately
authorized by the City, or required by the Defense Standards, a non -weighted caseload
count shall be used.
For purposes of this Agreement, "case" is defined to have the same meaning as defined
in Standard 3.3 of CrRLJ 3.1 (Standards for Indigent Defense). Upon Public Defender's
assignment of a defendant by the Renton Municipal Court, Public Defender shall assign
an attorney to represent the defendant in the case. The assigned attorney shall sign, file,
and serve a notice of appearance with the court and City prosecutor's office. The assigned
attorney shall be responsible for establishing a relationship with the defendant consistent
with the Defense Standards. If it becomes necessary for another attorney to substitute
for the assigned attorney at any stage in the proceeding, Public Defender shall determine
consistent with the Defense Standards whether each attorney should count the case as a
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full case for purposes of calculating case load limits. Unless Public Defender withdraws
prior to performing substantial services for the defendant, at least one of the attorneys
providing services in the case shall count the case as a full case. If Public Defender
determines the other attorney(s) do not need to count the case as a full case, such
attorneys shall offset the maximum number of cases he/she may accept by the amount
of time spent on the case.
2.3 Public Defender's Specific Duties. Without limiting Public Defender's duty to comply with
all provisions of the Defense Standards, the Parties specifically recognize Public
Defender's obligation to perform the following specific duties consistent with the Defense
Standards:
2.3.1 Pay its Attorneys consistent with Standard One of the WSBA's Standards for
Indigent Defense Services;
2.3.2 Budget for, provide, and pay for adequate administrative services and facilities
using the base compensation provided for in this Agreement, including, but not
limited to, having an office within a reasonable distance of the City that
accommodates confidential meetings with clients and receipt of mail, and
adequate telephone and email services to ensure prompt responses to clients;
2.3.3 Provide an adequate number of support services staff and contracted service
providers to provide effective representation consistent with the Defense
Standards;
2.3.4 Provide or require regular training to all attorneys providing public defense
services under this Agreement consistent with Standard Nine of the WSBA's
Standards for Indigent Defense Services;
2.3.5 Provide supervision, monitoring, and evaluation of attorneys performing services
under this Agreement consistent with Standards Ten and Eleven of the WSBA's
Standards for Indigent Defense Services;
2.3.6 Remain directly involved in the provision of representation services and provide
the City with names and experience levels of all new attorneys providing services
consistent with Standard Twelve of the WSBA's Standards for Indigent Defense
Services;
2.3.7 Establish limits on the amount of private work Public Defender's attorneys can
accept consistent with Standard Thirteen of the WSBA's Standards for Indigent
Defense Services; and
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2.3.8 Ensure all attorneys and legal interns providing services under this Agreement
meet the applicable qualifications set forth in Standard Fourteen of the WSBA's
Standards for Indigent Defense Services;
2.3.9 Provide the Renton Police Department and applicable jail staff with telephone
number(s) of attorney(s) who can be reached 24 hours 7 days a week for critical
stage advice and be available to provide such advice as the needs for advise arise,
including non -business hours;
2.3.10 Actively communicate with clients, promptly review all discovery provided by the
City, research applicable legal issues, attempt to negotiate resolutions with City
prosecutors, and otherwise prepare for all hearings in advance so as to avoid
unnecessary continuances;
2.3.11 Meet with incarcerated clients awaiting trail and prioritize preparation for such
cases;
2.3.12 Attend, in person or through approved teleconference, all scheduled hearings for
all assigned cases, all arraignment calendars, and all jail calendars unless excused
by the court. Attorneys should arrive far enough in advance to be sufficiently
prepared and to meet with clients in advance of their hearings;
2.3.13 Attend meetings or roundtables with City representatives, including municipal
court and/or prosecution representatives, at their request to discuss potential
courtroom and other process improvements relating to Public Defender's
services or the operation of the Municipal Court in general;
2.3.14 Cooperate with reasonable requests for meetings, information, and records made
by the City for information relating to its duty to monitor Public Defender's
performance of this Agreement;
2.3.15 Develop a method to receive and respond promptly to client complaints,
consistent with Standards Fifteen of the WSBA's Standards for Indigent Defense
Services; and
2.3.16 Maintain a system to screen for and avoid representation of clients that would
cause a conflict of interest in violation of applicable rules of professional conduct.
Section 3. City Assistance
3.1 City Assistance in Public Defender's Performance of its Duties. The City shall perform
the following duties to accommodate Public Defender's performance of its duties:
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3.1.1 The City, through its prosecutors, shall provide timely production of all
discoverable material to Public Defender, which will be provided primarily through
electronic transmission where technically feasible.
3.1.2 The City will provide meeting space within the Renton City Hall in which Public
Defender may schedule to meet with clients that are unable to meet at its own
offices and/or on the days of the client's scheduled hearings. This provisional,
meeting space will be provided by prearranged agreement/scheduling and is not
intended to replace the requirement that Public Defender have its own office and
working space.
3.1.3 The Public Defender will establish regular office hours during which clients may
contact Public Defender and speak with an attorney with or without making an
appointment. Public Defender shall assign an attorney or combination of
attorneys regular office with the Renton City Hall at least four (4) hours per week
before and/or after regular court calendars.
3.1.4 The City will provide Public Defender City contact information for it to refer clients
who are not satisfied by Public Defender's response to a previous complaint,
consistent with Standard Fifteen of the WSBA's Standards for Indigent Defense
Services; and
3.1.5 City representatives, including prosecutors, court staff, and/or administration
representatives, will attend meetings or roundtables with Public Defender
representatives, at their request, to discuss potential courtroom and other
process improvements relating to Public Defender's services or the operation of
the Municipal Court in general.
Section 4. Reporting, Monitoring and Record Keeping
4.1 Public Defender Reporting. Public Defender shall comply with the following reporting
obligations:
4.1.1 On a quarterly basis, each attorney providing services for Public Defender under
this Agreement shall certify compliance with the Defense Standards on forms
approved by the court or court rule. The certification shall include an
approximation of the percent of full time work the attorney spends representing
indigent defendants. A copy of every such filing shall be provided to the City's
contract manager contemporaneously with the court filing.
Primary Public Defense Services
Attachment A — Scope of Work Page 5 of 6
AGENDA ITEM #7. h)
Exhibit A — RFP Draft Agreement — Primary Public Defense Services
4.1.2 On a quarterly basis, Public Defender shall report to the City the total number of
new cases assigned to Public Defender in the previous rolling year, broken down
by quarter.
4.1.3 On a quarterly basis, Public Defender shall report to the City the total number of
cases assigned to each attorney under this Agreement in the previous rolling year,
broken out by quarter and the attorney's name.
4.1.4 On a quarterly basis, Public Defender shall report to the City the number of non -
City public defense cases assigned to each attorney outside of this Agreement and
the number of hours spent by each such attorney on non-public defense legal
work and limited representational public defense work on cases to which he/she
was not appointed. The reporting shall include cases and hours for each attorney
over the previous rolling year, broken out by quarter and the attorney's name. The
documentation of cases and hours required by this subsection shall include all
legal services provided by the attorneys during the covered time period — including
services performed outside of the employment of Public Defender.
4.1.5 On an annual basis, Public Defender shall provide the City with detailed reports
documenting each of Public Defender's attorney's compliance with training
requirements, hours spent on each assigned case, date of initial contact with client
for each assigned case, and listing of all complaints received by clients, including
the nature of the complaint and resolution thereto.
4.2 City Monitoring. Pursuant to the Defense Standards, the City is required to monitor
Public Defender's Performance of its Duties. Such monitoring shall not interfere with
Public Defender's status as an independent contractor. Nor will the City seek any attorney
client privileged communications. In instances in which the City suspects either the
Defense Standards or requirements of this Agreement are not being followed, the City
may reasonably request additional records or reports in addition to the records
specifically required by this Section. The City may also request meetings to discuss any
concerns it has based upon concerns raised by defendants, victims, third parties,
observations from the court or prosecutors, or information provided (or not provided) in
the Public Defender's required reporting. The City may also hire an independent
consultant to review Public Defender's performance with this contract. Public Defender
agrees to reasonably cooperate with all such monitoring efforts.
4.3 Public Defender Record Keeping. Public Defender shall maintain documentation of its
performance of this Agreement sufficient to demonstrate its full performance with the
Defense Standards. Such information shall be recorded in a fashion in which it may be
reasonably requested and provided to the City in its monitoring role.
Primary Public Defense Services
Attachment A — Scope of Work Page 6 of 6
AGENDA ITEM #7. h)
PROPOSAL COVER PAGE
FORM 4.02 PROPOSER COMMITMENT AND INFORMATION
RFP #CAG-19-024 PRIMARY PUBLIC DEFENSE SERVICES
Company Name: Valley Defenders, PLLC
Company Address: 1275 12th AVE NW, STE 5
City: Issaquah
State: WA
Zip: 98027
Tax ID #: 461814900
UBI #: 603267973
Legal status of organization, i.e., corporation, partnership, sole proprietorship. PLLC
website: www ValleyDefenders.com
City of Renton Business License #: N/A
Proposer Contact Name (if different from
Proposer Contact Title:
Authorizing official): Shawn McCullyOwner/Partner
Proposer Contact Email: Shawn@ValleyDefenders.com
Proposer Contact Direct Phone: 425-657-0794
Proposer Contact Address (if different from above): N/A
City:
State:
ZIP:
By responding to this solicitation, the proposer understands and agrees to be bound by all requirements and
contract terms and conditions contained in this solicitation. By signing this form, the proposer acknowledges
receipt and understanding of any and all addenda issued for this solicitation. This form, signed by an
individual authorized to legally commit the proposer, shall be submitted as the cover page.
The proposer also certifies that:
0 1 am authorized to commit my firm to this proposal and that the information herein is valid for 120
days from this date.
• That all information presented herein is accurate and complete and that the scope of work can be
performed as presented in this proposal upon the City's request.
• That I have had an opportunity to ask questions regarding this proposal and that those questions
have been answered.
• That each and every attorney proposed to provide legal services has read is familiar with the
Washington Supreme Court's Standards for Indigent Defense, Renton Municipal Code 3-1-7,
Wilber v. Mt. Vernon, 989 F. Supp. 1122 (W.D. 2013), and the WSBA's current Standards for
Indigent Defense Services.
0 That the proposal submitted includes all required training, infrastructure, and service required
under such standards.
Authorizing Official Name: Shawn McCully
Authorizing Official Title: Owner/Partner
Authorizing Official Email:Shawn@Valleyoefenders.com
Authorizing Official Phone: 425-657-0794
Authorizing Official Signature:
IP3 22
City of Renton Request for Proposal #iCAG-19-024
Primary Public Defense Services Page 8 of 14
AGENDA ITEM #7. h)
AGENDA ITEM #7. h)
FORM 4.03 PRICE SHEET
RFP #CAG-19-024 PRIMARY PUBLIC DEFENSE SERVICES
Propose Name:
Based on the City's case count projection below, we propose the following monthly
compensation based upon an annual caseload projection of 1700 cases:
Year 1 (April 2019- March 2020): $ 63,750 per month.
Monthly payments for Year 2 through Year S shall be adjusted upwards by 3% per year, subject
to negotiated upward or downward adjustments based upon significant increases or decreases
in projected caseloads.
At time of award, the City will finalize the case count requirement to be used for the contract.
The finalized case count and a negotiated monthly compensation amount for that case count
will be incorporated into the contract. The contract is attached as Exhibit A to the RFP.
City of Renton Request for Proposal #CAG-19-024
Primary Public Defense Services Page 9 of 14
AGENDA ITEM #7. h)
AGENDA ITEM #7. h)
FORM 4.04 QUESTIONNAIRE
VYDS, PLLC
City Of Renton
A. Qualifications & Relevant Experience
1. Attach resumes and provide the Washington Bar # of all attorneys who will provide
leizal services resulting from the award of this RFP. Identify supervising attorneys.
Specifically highlight t experience in criminal defense.
A. Shawn McCully, WSBA 32299 (Supervisor)
B. Whitney Gardner, WSBA 36455 (Supervisor)
C. Sheryl Pewitt, WSBA 41327
D. David Goodson, WSBA 19547
E. Anne Dederer, WSBA 18872
2. Are all attorneys providing legal services in good standinginevery bar association of
which they are a member? If not, explain.
Yes.
3. For each attorney providing legal services, describe the attorney's experience
representing indigent clients. Include the types of cases.
Valley Defender (hereinafter, VyD) attorneys have appeared in nearly every court in
Washington during their careers. The firm currently has public defense contracts in
multiple eastside cities. In addition, our firm has represented clients in alternative
courts such as King County Drug Court, Mental Health Court, and Veterans Court.
Our attorneys understand the unique needs that some people have and make regular
referrals to these courts. VyD attorneys understand there are clients who may be
better served by mental health and substance abuse treatments. Whitney has
represented clients in Department of Homeland Security Immigration Court, United
States District Court Western District of Washington, and most other local courts.
Here is a little bio on the main attorneys who will be providing public defense
services to the City of Renton:
Shawn McCully has been a lawyer for 18 years and has approximately 13 years of
experience at providing public defense services to local municipalities. Recognized
as a Super Lawyer for 3 years, Shawn has averaged between 250-300 cases per year
since 2005 and has handled criminal matters for 18 years. He has represented clients
in Class A, B, and C felonies up to and including homicide in almost every court in
Washington. With approximately 100 jury trials in experience, he can represent any
type of client that will be charged with a crime in a court of limited jurisdiction.
Shawn has represented indigent clients in King County District Court and Issaquah
Municipal Court since 2006 and has jury verdicts on cases such as Assault, Domestic
AGENDA ITEM #7. h)
Violence, Theft, Driving Under the Influence, etc. Shawn has filed and argued pre-
trial motions on a monthly basis in that time period and has successfully taken cases
up on appeal to Superior Court.
Whitney Gardner has been an attorney for 14 years and has provided public defense
criminal services since 2012 to Issaquah, North Bend, Carnation, Woodinville, and
Snoqualmie. Whitney has also averaged between 250-300 cases per year since 2012.
Whitney is fluent in Spanish and she also practices in family and immigration law
making her an invaluable resource to the firm and individuals represented by VyD.
Court decisions (Padilla v. Kentucky) mandate that all criminal defense attorneys
advise and know immigration consequences to those charged with crimes. While
some attorneys still lack the ability to advise defendants about immigration
consequences, Shawn, Whitney, and the firm are well versed on immigration issues
as they affect our clients. Whitney has represented clients on nearly every gross
misdemeanor and misdemeanor charge as well as felonies.
Sheryl Pewitt has been an attorney for 10 years and founded Pewitt Law, PLLC after
working as a Snohomish County public defender for several years. She has recently
joined our firm and left private practice to provide public defense services for the City
of Renton. Helping indigent clients is what she loves to do and she misses that since
leaving the Snohomish County Office of Public Defense. She has significant
experience defending DUIs, criminal traffic, domestic violence, felony and
misdemeanor matters. She has a reputation as a strong courtroom presence who
vigorously advocates for her clients using her significant courtroom experience and
legal training.
Sheryl has been a featured speaker for the Washington Association of Criminal
Defense Lawyers, Citizens for Judicial Excellence and the Washington Foundation
for Criminal Justice. Her winning strategy for an Ambien sleep -driving trial is
published in Washington Criminal Defense Magazine. Pewitt is the Co -Chair of the
WACDL Legislative Committee and frequently testifies on behalf of the Washington
State defense bar during the legislative session. Pewitt has been selected by Super
Lawyers as a Rising Star in 2016, 2017, 2018 and 2019. She was featured in
Washington Super Lawyers' magazine in 2017. She is a graduate of Washington
State University, has an MBA from the University of Washington and her J.D. from
Seattle University School of Law. When she's not advocating for her clients, she
serves as a pro tempore judge in Edmonds Municipal Court and enjoys sailing and
spending time with her daughters, Peyton and Sawyer.
David Goodson has been an attorney for 29 years. During law school, he worked for
Davies Pearson in Tacoma, first as a Rule 9 Intern and then an Associate. While
there, he ended up co -defending one of three defendants charged with Aggravated
First Degree Murder and facing the death penalty.
After admission to the bar he continued working for Davis Pearson as an associate
until he went out on his own in 1992. David has represented thousands of criminal
AGENDA ITEM #7. h)
and traffic cases over the years, from simple infractions up to and including Class A
felonies. David currently provides conflict public defense services to several eastside
cities. He has appeared in nearly every court in Washington, including Divisions 1
and 2 of the Courts of Appeal and the Washington State Supreme Court.
Recently, he was able to obtain dismissal on appeal for an indigent client who was
convicted of impersonating a public servant. Arguing that the City of Carnation had
not properly adopted the unlawful impersonation statute, the court struck down the
entire provision in the City's code. His experience at every level of the court with
indigent clients is invaluable to a public defense law firm.
Anne Dederer has been an attorney for 30 years and currently practices public
defense criminal work in Renton. Her extensive experience in criminal law and
familiarity with Renton Municipal Court made her the best choice for us to employ
for this contract. Anne has 30 years of public defense experience at every court level
in WA and has represented clients on nearly every criminal charge there is.
4. In how many courts do the attorneys providing legal services currently represent
defendants? How many clients and in which courts did these attorneys appear in
2018?
VyD provides legal services for the City of Issaquah and North Bend out of the
Issaquah Municipal Court. Additionally, we provide public defense services for the
City of Woodinville and conflict for the City of Kirkland out of Kirkland Municipal
Court. We also provide services for the City of Carnation and conflict Sammamish
out of King County District Court. All of our attorneys have practiced in every local
court in the region.
The following is our current indigent defense contracts:
• Snoqualmie — 2005 to 2013
• Kirkland Conflict — 2017 to Present
• Woodinville — 2007 to Present
• Redmond Conflict — 2003 to 2015
• Issaquah — 2007 to Present
• North Bend — 2007 to Present
• Carnation - 2013 to Present
AGENDA ITEM #7. h)
The 2018 case count is as follows:
2018
Issaquah
North Bend
Woodinville
Carnation
Kirkland
Total
January
28
30
12
2
17
89
February
32
24
11
1
5
73
March
42
12
14
0
8
76
April
33
17
6
0
12
68
May
37
29
5
2
4
77
June
40
22
6
0
3
71
July
57
45
6
0
4
112
August
67
45
8
1
2
123
September
33
22
4
0
5
64
October
34
27
15
1
3
80
November
34
22
9
0
7
72
Decemer
251
161
4
0
3
48
Totals:
462 311 100
71
73
Yearly Total: 953
AVG/Month:
79.4
5. Do any of the attorneys providing legal services, or individuals associated with these
attorneys have any conflicts of interest with any Renton Municipal Court judge or
staff? If yes, explain.
No
6. For each attorney providing legal services, describe o�perience working with ex -
offenders, the mentally ill, or other clients in need of social service referrals.
This is our specialty at Valley Defenders with our attorneys focusing on getting our
clients social and rehabilitative help. Our attorneys are expected to be attorneys who
are sensitive not only to our client's criminal history, current and past but to other
issues which interact with our client's criminal history. Attorneys can gather a
tremendous amount of information by reviewing the client's prior DCH (defendants'
criminal history) through common accessible systems like JABS. We can evaluate
previous issues related to competency, previous releases to treatment and alternate
courts (Veteran's, Drug Court, or Regional Mental Health Court).
Whitney's undergraduate work was in sociology/social work, and then she taught in
minority border towns in southern California. Shawn has spent the majority of his
career working with public defense clients whose issues are commonly associated
with persons living in poverty; homelessness, hunger, varying mental health diagnosis
and issues related to chemical dependency. In many ways we expect our attorneys to
be not just attorneys with legal knowledge but social workers who can approach each
client as an individual. All of the attorneys that VyD would bring on would have to be
willing to approach their clients with the highest levels of respect and empathy to
their situations. At this time the most senior attorney's we are proposing beyond
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AGENDA ITEM #7. h)
Whitney and Shawn; David Goodson, Sheryl Pewitt, Anne Dederer and David
Goodson all have years of experience with working with PD clients, in various
different jurisdictions.
B. Technical Capability, Approach, and Capacity
Taking into account the standards:
1. How many attorneys providing legal services (FTE) will be employed to satisfy the
requirements of this proposal? Include and identify the supervising attorney(s).
Given the public defense appointments in 2017 and 2018 to Cayce and Grove, our
best guess is 2019 will have approximately 1,600-1,700 appointments. Under the
public defense standards, an experienced attorney can handle up to 400 cases/year if
the caseload has a mix of gross misdemeanor and simple misdemeanor cases. Given
the caseload, we would have 5.0 full time experienced attorneys to service this
contract.
Shawn McCully and Whitney Gardner, as the owners and partners of the firm will be
the supervising attorneys on the contract. The assistant supervisor will be attorney
Sheryl Pewitt. All attorneys will be employees and paid a salary. No individual
contract attorneys will be employed unlike what many other local public defense
firms do.
2. How manyssupport staff (FTE) do you anticipate employing to satisfy the
requirements of this proposal?
With the current indigent defense contracts the firm has we employ four attorneys,
one experienced paralegal, and one reception/admin to service the approximate 1,000
cases VyD handled in 2018. At minimum, the firm will hire an additional paralegal
and reception/administrative employee to service the Renton contract.
3. Describe how you plan to handle the estimated annual caseload and required services.
We are in the process of changing client tracking and management software from
excel spreadsheets to a program designed for public defense law firms called Legal
Server. The firm currently also uses Dropbox Business and all client files are cloud
based and encrypted/secure. Legal Server has features to automatically track
conflicts of interest with other witnesses and co-defendants. It also tracks the
disposition of cases, case type, and all data essential to report data points back to a
city for review of their public defense services.
Currently we get a list of appointed cases from the courts on a weekly basis. Our
office opens a virtual file in the cloud, files notice of appearances and requests for
discovery. These are sent electronically to the court and city prosecutor. When a
case is opened, conflict checks are completed, and cases are assigned out to an
appropriate attorney. That attorney reaches out to the client or meets them in the
AGENDA ITEM #7. h)
office by either appointment or during the attorney's office hours. All attorneys have
set office hours where they are available to talk to clients in person or on the phone.
The supervising attorney, Shawn McCully, will assign out cases to each attorney.
That attorney will be responsible for representation through disposition on the matter
and on periodic reviews that pop up. No attorney will be assigned a case over the
public defense limits of approximately 30 cases per month. Each attorney's case
load, the outcome of a case, and current status can be monitored via our current and
future software. Our firm provides this data to our contract cities regularly.
One aspect of VyD that differentiates our firm is the firm stays on as the attorney of
record all the way through a suspended sentence review period until the case is closed
with the court. If a review hearing comes up for a client, we are already appointed,
and the City of Renton would not need to pay the firm for an additional case.
4. IN hat capacity for working with non-English speaking clients do the attorneys
providing legal services possess? Explain in detail anexperience representing non-
Englishpeaking clients.
There is a large population of Spanish speaking clients in the Renton area and many
find themselves in local courts on various charges. Non -English speaking and
immigrants oftentimes have cultural issues which attorneys must recognize beyond
language barriers. VyD ensures that attorneys participate in CLE's which specifically
address the cultural issues related to immigrant communities and oftentimes are
offered by WSBA and Washington Defenders Association (WDA). Renton has
Spanish speaking defendants that can also benefit from the services of a Spanish
speaking attorney. Whitney Gardner is fluent in Spanish and understands language
and cultural issues relevant to this community.
VyD attorneys are familiar with assessment agencies, DUI victim panels, ignition
interlock companies, and nonprofit agencies that catdr to the Spanish speaking
population. Whitney will primarily handle Spanish speaking clients given her
extensive experience in immigration court. We also have a Spanish speaking
administrative assistant that provides in-house interpreter services for the attorneys.
non-English speaking clients oftentimes have collateral immigration issues which
defense attorneys are required to advise on in order to avoid ineffective assistance of
counsel issues. VyD attorneys are active members of WDA which provides resources
and extensive information related to immigration issues. All of our attorneys are
expected to participate in CLE's on topics specific to "crim-immigration" in order to
provide competent legal advice relevant state and federal standards which go far
beyond "consult with an immigration attorney."
Every attorney in the firm has extensive experience with non-English speaking clients
from Russian, Spanish, Chinese, etc. Our attorneys either use the language line to
converse with clients or schedule an interpreter for an in -office meeting with the
client that is pre -arranged if they speak a language other than English or Spanish.
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AGENDA ITEM #7. h)
5. Describe the strategies and use of support staff you plan to utilize in order to balance
a high case load, high quality representation meeting the Standards, and cost
effectiveness.
Other firms utilize contractors that get paid a flat fee and this creates an incentive for
them to turn cases over quickly and not do trials. VyD staff attorneys are employees
and are paid a salary. There is zero financial incentive for them to try and dispose of
a case quickly or with sub -par representation. Additionally, every attorney at VyD
has between 10-30 years of legal experience. With the extensive public defense and
legal experience our attorneys have, we provide top notch legal service to our clients.
Each attorney is assigned only what they can handle effectively and no more than the
33 cases/month limit, so they have the time they need to prepare motions and provide
a trial for the client. As every case is audited, the supervising attorney knows the
caseload for every attorney. The outcomes of cases are also checked to make sure
each attorney is doing an appropriate amount of motions and trials. In general, we
strive to maintain a 5% trial percentage as this is recommended by studies that look
into effective public defense.
Every case is assigned and discussed in weekly staff meetings which allows attorneys
to have a collaborative approach to their cases and utilize the expertise of their co-
workers.
6. How will you monitor the case load of attorneys providing legal services?
Currently, our client list assigns out the attorney for that case. Our software
automatically totals the caseload for every attorney on a monthly and yearly basis.
The Legal Server program we will be utilizing in the coming year also has this
capability.
7. Will the attorneys providing_ legal services, or associated attorneys, continue to
maintain a private practice? If so, Washington Supreme Court Standard 3.3 requires
attorneys who maintain a private practice in addition to a public defense practice have
public defense caseloads that " should be based on the percentage of time a 14meer
devotes to public defense." If your practice includes both public defense work and
private clients, describe how attorney time will be allocated and how it will be
monitored to maintain compliance with Standard 3.3?
A few of our attorneys will maintain a limited private practice. In general, our
attorneys handle between 5-10% caseload for private paying clients. We do this for
various reasons. Many of the attorney achievement awards with groups like Super
Lawyers are only given to attorneys that have the ability to take in a private case.
Being able to be recognized by these private organizations helps elevate the status
and recognition of the attorney. This, in turn, gives confidence and peace of mind to
the public defense client that they are getting high quality representation despite not
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AGENDA ITEM #7. h)
having to pay for the attorney. Additionally, many clients screen for public defense
but don't meet the minimal monetary standards. We regularly take cases privately on
a "low-bono" basis for those that can't afford the high price of a private attorney.
Every quarter we file a public defense certification with the court as required by the
public defense standards. As we track every case the attorney has, we simply input
the percentage of time spent on the private versus public defense cases. Taking
private cases lowers the number of public defense cases an attorney can accept under
the public defense standards and we track this to ensure compliance with every
attorney.
8. Do you anticipate using APR 9 interns, and if so, how will they be used and
adequately supervised?
In general, we do not use rule 9 interns. Ilowever, we have in the past and there is a
possibility for this in the future. If we take on a rule 9 intern, they will always be
directly supervised by an attorney in a courtroom.
9. Describe the strategies and use of support staff you plan to utilize in order to balance
a high case load, high quality representation meeting the Standards, and cost
effectiveness.
Quality representation starts with our administrative staff in opening the files and
getting the discovery (police reports and evidence) quickly so the attorney can reach
out to the client and service their needs immediately. Our attorneys utilize and rely
on our administrative staff to assist as much as possible in the process of representing
a client. Every call, email, and communication with a client is documented in their
client file. Administrative staff also alert attorneys to immediate issues via text
message, email, or a phone call so the attorney is put on notice of the issue and can
work to solve it. Our staff takes on the tasks of performing these duties allowing the
attorney to focus their time on being in court, meeting with clients, and preparing
motions or trial.
10. Provide any noteworthy elements of your to legal representation which
speak to the types of cases or the demographic characteristics of Renton' s public
defense work.
VyD takes a different approach to public defense than any other firm in the area. Our
attorneys are all experienced. Representing and helping indigent clients is a focus
and passion for all of our attorneys. We do not hire inexperienced attorneys who are
merely looking for courtroom experience. Our attorneys do more than just resolve a
case and move onto the next. Each attorney not only represents the client legally, but
we take a hands-on approach to getting our clients the treatment and services they
need. Every attorney is required and enjoys taking on a social worker role at times to
help our vulnerable and indigent clients.
AGENDA ITEM #7. h)
Most public defense criminal cases are related to, either directly or indirectly, an
alcohol or drug addiction. Mental health issues also play a role in this as well. For
the most part, if a person is mentally stable and solves their addiction issues, they re -
offend and there is a low rate of recidivism. Like our other contract cities, Renton has
the types cases that are indicative of clients who are struggling with an addiction
and/or mental health. Our attorneys use the services available at the Superior Court
and District Court level to provide the best assistance to our clients. We actively refer
and work with King County Veterans Court, King County Regional Mental Health
Court and King County Drug Court. We have maintained excellent relationships with
attorneys and supervisors in these court which allow attorneys to essentially "pre-
screen" a client to know if their previous military expense, mental health diagnosis or
chemical dependency issues would be better handled in another court. We consider
that our clients are indigent and getting to and from various courts is very difficult.
We try to create plans that ensure success and do not set individuals up for failure.
VyD has a treatment jail coordinator that goes into the jail on a weekly basis and
screens our clients for appropriate alcohol/drug treatment. Our attorneys then file
appropriate motions in the court to have our client released to that treatment.
Outpatient and housing are then coordinated giving our clients a fair chance at
recovery from an alcohol or drug addiction. Over the years, this approach has helped
countless clients beat their addiction and the cycle of substance use and criminal
activity.
11. Describe the system of performance reviews to assure that all attorneysproviding
adequate legal representation and complying with the Standards.
Attached to each employment contract for an attorney is a general list of expectations,
these expectations outline specifically what it means to be a collaborative and
prepared attorney when working with VyD. (see attached) VyD maintains
employment files on each attorney and administrative assistant within the office, and
if an issue arises it is dealt with individually in a timely fashion. Any new attorneys
with VyD will meet with Whitney or Shawn initially every 2-4 weeks to ensure they
have maintained client's files appropriately, communicating effectively with clients,
and following through with expectations. Performance reviews will occur at the six
month, 12 months and then annually.
As is required under indigent defense standard number fifteen, every client complaint
will be referred to the assigned attorney and supervising attorney, Shawn McCully.
We then investigate the complaint and respond to the client within one week.
12. Provide a statement explaining how you define " conflicts of interest" and describe
the procedure for screening conflicts?
When the discovery and police reports are received, the staff and attorney review
them performing an intake. Co-defendants and witnesses are noted on our intake
sheet shown on the top of the next page. The attorney then performs a conflict check
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AGENDA ITEM #7. h)
by searching our client database for that name. Clients that have potential conflicts
are researched with other current clients to determine if withdrawal is necessary under
the Rules of Professional Conduct.
The LegalServer software we are adopting has enhanced conflict check processes. In
addition to names, the software cross checks addresses, phone numbers, alternate
names, etc.
Client: [Patient name] Cause No.
Aka Charge/Charges:
Court/City Date of Violation:
Phone number: Compliant:
Email: Witnesses:
Codefendants:
Videos/Photos:
Immigration Status: Previous crimes in WA State:
Arraigned on: Speedy Trial:
Disposition: Other attorneys on other cases:
13. Describe your approach to plea- bargaining and alternative dispositions of criminal
charges would be utilized.
Plea bargaining is essential to effective representation of a client charged with a
crime. First, we meet with the client to go over the evidence and get their side of the
story. The assigned attorney will have read the police report prior to meeting with the
client. At this point, the client and attorney decide if they are going to move the case
toward motions/trial or if they intend to try and negotiate a deal that would be in the
best interest of the client. All offers made by the prosecution are conveyed to the
client so they fully understand the offer and can make an informed decision with the
guidance of their attorney.
When the attorney meets with the client, the attorney will describe the options for the
various types of deals that can be made. With client input, the attorney then takes on
the task of trying to negotiate a deal that makes sense for the client. The attorney
usually does not negotiate the case unless the client has been consulted and would
consider the type of disposition to be negotiated. In general, our attorneys always try
and negotiate an alternative disposition on a case so that if the client chooses to not go
to trial, they have another option available to them.
VyD staff attorneys are required to prepare and negotiate all their cases before the
client's court hearing. The offer is discussed with the client so they can make an
informed decision on their case before court. Appropriate forms are then filled out
and explained by the attorney so both the client and attorney are prepared once the
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AGENDA ITEM #7. h)
hearing starts. In general, we do not negotiate a case during a court calendar unless
necessary.
14. Standard 3. 3 assumes " fully supported ... attorneys." Standard 5.2 identifies costs
associated with public defense representation. Please describe the resources in your
office that will be used to fullyssupport attorneys providing_ public defense service.
Our office has individual office space with a telephone and firm issued computer for
each attorney so they can meet with a client in confidence. Each attorney is proficient
with our calendaring system, cloud -based client files, and software to aid the attorney
in representing a client in court. All supplies and software are provided to the
attorney. Every attorney for the firm is provided everything they will need to
effectively service the clients in their caseload. All the attorneys are provided training
on how to maintain confidentiality and security with online files, VyD partners will
be the sole administrators and can revoke access immediately if needed.
15. Standard 6. 1 provides that " Public defense attorneys shall use investigation services
as appropriate." What do you think is the best manner in which investigative services
shall be made available? Would you recommend a staff investigator be employed in
your office? A panel to which attorneys can apply? What has been your previous
experience working with and obtaining the services of an investigator?
It has been our experience that an investigator would be a useful tool to use in select
cases. Cases involving multiple parties, domestic violence, children, or sensitive
cases could benefit from the use of an investigator. SFID 6.1 states that "public
defense attorneys shall use investigation services as appropriate." Some of the
litigation involving public defense standards have made specific note that most public
defense attorneys don't utilize an investigator.
It would be our hope that the City of Renton and the judges will accommodate and be
open to limited and judicious use of an investigator. We currently use a few different
contract investigators but do not employ one on staff. The courts we practice in
require us to move the court for an expert and fees with a basis for the rate and hours.
We then bill the city and get reimbursed after we pay the investigator.
For the most part, we expect our attorneys to investigate cases, interview witnesses,
and review discovery so they are intimately aware of all the facts in a case. This
helps an attorney prepare for trial or motions on a case. However, there are times
when the attorney may want to have an investigator testify about what a witness said
in an interview or an investigative finding and the attorney can't also act as a witness
in a trial. We tend to use an investigator most of the time on DUI cases and Domestic
Violence cases.
16. In what circumstances would you allow for representation by an attorney other than
the attorney of record?
AGENDA ITEM #7. h)
The attorney of record would be VyD and we would not allow other attorneys that are
not employed by the firm to represent appointed clients. The individual attorney
assigned a client will generally be the attorney the client sees in court. However, if
that attorney is on vacation or sick, an attorney will be there to cover for the attorney
that could not be present for representation.
17. Please describe how you propose to handle disagreements with court staff or court
procedures.
Given our experience in the courts where the firm represents clients, it is rare when an
attorney has a disagreement with court staff or their procedures. If an issue were to
arise, we generally bring it up at a meeting set by most courts periodically with staff,
the prosecuting attorney, and the public defense firm attorneys.
However, some courts do not have these regular meetings. In those courts, the
attorney with the issue brings it to his supervising attorney. That supervising attorney
then deals with the court personnel directly or with the Court Administrator if
necessary.
C. Communication, Customer Service and Training
1. What philosophy will guide s our provision of public defense services?
Our office takes a client first approach, we approach each case and each client as an
individual without assuming generalities of any certain person. We want out clients to
know that the attorney is there to represent them, and that the process is adversarial in
natures, but being adversarial does not compromise our ability to be respectful to
prosecuting attorneys and to be cooperative. Both Shawn and Whitney, have
maintained extremely professional and courtesy relationship with prosecutors in
Issaquah/North Bend, and Woodinville and Kirkland, we email regularly and have
attorneys cell phone which enable us to work through many issues even before
walking into the courtroom.
2. What systems will you put in place to assure that clients can easily contact their
attorneys and that attorneys maintain client contact?
Our welcome letter will provide the immediate contact information for all attorneys;
email and office phone number. VyD and each attorney will be expected to maintain
set office hours each week. This will allow the client to have a preset predictable time
to meet with their attorney, if those times do not work for a client, it may be
appropriate to change attorneys or look at alternate meeting times or locations for the
client. VyD will employ full time admisntrative staff who are expected to
immediately notify an attorney of a call from a client, as well as document that call on
the client's case sheet. The previously explained Attorney Expectations (attached),
also specifies the need for timely communication with client either by phone or email.
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AGENDA ITEM #7. h)
VyD admins are expected to confirm with each call, the phone number, if the number
is acceptable to leave a simple message and a client's email address.
3. The City will require its public defense office to regularly report information
demonstrating that its public defender is complying with the Standards and the
Performance Guidelines for Criminal Defense Representation approved by the
Washington State Bar Association. Refer to the contract for specifics.
a. Please describe your firm' s capacity to provide this information and any software
or other reporting format utilized by the proposer.
The LegalServer software which is being implemented will allow these records to be
created immediately as needed. Prior to the LegalServer VyD completed a case
update sheet with "data points" that was provided to the relevant city and court
monitor every quarter. They would report back that VyD exceeded the relevant public
defense standards. Legal Server will allow us to print reports and "data points" to our
contract cities at any point with ease.
4. How will success be measured for clients?
Success for every client is different, success is first making sure that a client has a
voice. Court is hard for anyone involved, and most of our client our vulnerable
individuals. We want clients to know they have an advocate and that advocate is there
to represent them. Both Shawn and Whitney see "success" stories regularly, when a
client maintains a year or more of sobriety from heroin, when a client reunifies with
their family because they are dealing with their chemical dependency issues or mental
health. Also, we look at the homeless client, who truly has no where to go and feels
that they are being targeted for being poor, and we file appropriates motions to argue
their constitutional rights. Success is meeting a client exactly where they are when we
see them in jail, court or our office and moving them beyond their case in Renton.
5. Describe how you will adequately serve clients within Renton and surrounding areas
who may have limited abilities to travel. What processes will you utilize to provide
adequate opportunity for communication?
VyD has always ensured that our office space is within walking distance to the major
bus line or Park and Ride, this allows us to know various bus routes and help clients
get to our office, and it will continue to do so. Each attorney will have access to a
telephone and maintain a company email in order to allow clients to reach them in the
way that is easiest for the client. Although VyD would maintain office space outside
of the courthouse for the attorneys, having private space at the Renton court would
allow another location for an attorney to meet with the client, understanding that
taking time off from work for many our clients and meeting immediately before or
after court may be the best way to have confidential time with the client.
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AGENDA ITEM #7. h)
6. Describe the type and amount of training provided to the attorneys associated with
this RFP. How much in- house and courtroom mentoring_and supervision will be
available and how much emphasis do you place on mentoring and supervision?
Shawn McCully will be the senior supervising attorney in Renton, he will be assisted
by supervising attorney Sheri Pewitt. Mr. McCully or Ms. Pewitt will have near daily
contact with all Renton attorneys. Mr. McCully and/or Sheri Pewitt will be in
attendance at court hearings, if neither is available Whitney Gardner will be present to
supervise court proceedings. As referenced previously Whitney and Shawn are only
looking at attorneys who can take a collaborative approach to practicing law and
working within the firm to benefit our individual clients and the City of Renton.
7. Describe your firm' s plan to ensure effective communication with clients and how
you will coordinate internally to maintain consistency. Identify constraints that
might affect your ability to respond timely, include your plan to maintain services
under such constraints.
VyD represents clients of all abilities, ages, and backgrounds, this leads to clients
needing to communicate in varying forms. VyD believes that its our obligation to
make ourselves as reachable as possible to the client and to provide them a variety of
forums to communicate effectively.
Each attorney is expected to maintain an active email account and check their office
voicemails as outlined in the Attorney Expectations. Having LegalServer will create a
uniform way attorneys and staff document communication with clients. VyD always
keeps a supervising attorney and partner within the state of Washington if the other
travels. This allows prosecutors and police officers to always be able to access a
partner. The firm's attorneys maintain cell phones that remain active 24 hours a day.
It is not uncommon to receive in -custody calls from a prospective client that was
arrested in the evenings or after hours.
LegalServer which will be implemented for all City of Renton clients allowing us to
SMS (text) clients. Clients also can text their attorney. Many of our clients do not
have cell service but have wi-fi capability to text.
VyD also maintains a Facebook page which allows clients to direct message the firm.
Our attorneys are immediately notified of the direct message and this allows us to
connect with a client in another forum.
8. Do you need office space within the City of Renton City Hall to meet with clients?
VyD will maintain their own office space off site. However, having space at the court
allows for confidential client communication during a calendar if needed. It also
allows the courtroom to handle cases without distracting client communication that
would not be confidential.
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AGENDA ITEM #7. h)
D. Past Contract Performance & References
1. If any attorneys providing legal services have previously provided contract services
for a city or county, please provide documents outlining the quality of contract
compliance under those previous contracts. If such documents are not available
please provide contact information for the contract administrator at the contracting
agency.
1. City of Issaquah
• Autumn Monahan, Assistant to the City Administrator
425-837-3026
AutumnM2lssaquahWA.gov
• Emily Moon, City Administrator
425-837-3025
emilym@issaquahwa.gov
City of North Bend
• Londi Lindell, City Administrator
425-888-7626
LLindell@NorthBendWA.gov
3. City of Woodinville
• Kellye Mazzoli, Assistant to the City Manager
425-877-2266
Ke11yM(Qci. Woodinville. WA.US
2. If applicable, have any of the attorneys providing legal services ever had a contract
that was terminated partly or wholly for performance?
No.
3. In the last five years, have any attorneys been placed on corrective action in relation
to such contract?
M
4. Have any of the attorneys providing legal services been removed from representation
in a case for any reason other than conflict of interest or irreconcilable differences
with a client, or been found in any manner to be ineffective in the representation of
his/her clients by an ethics panel or by any court? If yes, please explain.
No.
5. Describe any past instances when an attorney providing legal services has been
sanctioned by court for any reason.
No attorney has been sanctioned from our firm.
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AGENDA ITEM #7. h)
6. Has any attorney providing legal services settled a dispute relatingto o malpractice
prior to filing or had an action for malpractice filed in any court? If yes, please
explain.
No.
7. Has any attorney providing legal services been subject to a complaint, claim, or case
in which the Washington State Bar Association opened an investigation regarding any
violation of the Rules of Professional Conduct? If yes, please explain.
In 2018, a complaint was made against Whitney Gardner. In the complaint, the
client/defendant alleged Ms. Gardner was not diligent in representing him. He
initially alleged Ms. Gardner should have filed a motion to quash a warrant on his
behalf. He has since submitted an affidavit to the WA State Bar Association
withdrawing his complaint.
8. Please explain what corrective action will be taken as a result of a disciplinary finding
or sanction arising out of the provision of public defense services.
At this point there has been no finding or sanction. Ms. Gardner maintains an active
and open conversation with the prosecutors and they regularly file joint motions to
quash warrants, however Ms. Gardner is aware of the workings of court in Issaquah
and will follow RPC's and not file frivolous motions based upon previous court
rulings. 0
9. Please provide three (3) references (with name, title, address, and phone number) who
can speak to your ability to provide defense services to indigent persons charged
misdemeanor offenses. Include a brief statement describing the relationship to the
reference.
• Kara Murphy
Judge/Pro Tern — City of Renton
(206) 947-3852
Karaklurphy2Live.com
• Krista White -Swain
Judge - City of Black Diamond
Prosecutor — Enumclaw, Puyallup, Milton, Ruston
Public Defense — City of Pacific
(253) 927-3913
Krista2KristaWhiteSwain. com
(Norman) Scott Stewart
Judge — Issaquah Municipal Court
Public Defense - Kirkland, Kent, Bothell, Shoreline, etc. 1
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AGENDA ITEM #7. h)
(253) 859-8840
ScottgSBMHLaw.com
• Lynn Moberly
Prosecutor — Issaquah, Snoqualmie, North Bend, Kirkland, Woodinville,
Newcastle, Mercer Island
(425) 313-5767
LMoberly@isomedia.com
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Supplemental Materials
Attorney resumes
Shawn McCully
Whitney Gardner
Sheri Pewitt
David Goodson
Anne Dederer
Appointment letter
English
Spanish
Certification of Public Defense Standards
Attorney Expectations
AGENDA ITEM #7. h)
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AGENDA ITEM V. h)
SHAWN MCCULL x.
I --- \PERII_,'NCE
1 /2013—Prescnt Vallee Defenders, PLLC Issaquah, \\ .
Omnet/flttorny
• Currently service City of Issaquah, North Bend, Carnation and Woodinville public defense contracts.
1'DUC.\T ION
6/2012—Prescnt McCully & Gardner, PLLC Issaquah, \C',\
Owner/�11/nrn��
• Practicing private criminal trial lawyer representing defendants on felonies, misdemeanors, etc.
2002-6/2012 Jacobson Law Group, PLLC Rednuolld, \C',\
Pa mer/t111orily
• Handled personal injury and private criminal matters including Class .\, 13, and C felonies plus a
misdemeanor case load out of various VIA courts.
• Managed and sen*iced City of Woodinville and North Bend public defense contracts.
• Assisted in servicing City of Issaquah and Snoqualmic public defense contracts.
• 2009 Pro Bono Publico Service Award.
2001-2002 Phillips & \Vebster, P.L.L.C.
-1.+'.rneirrle .-'l ttornep
• Trial lawyer with 200 client case -load involving personal injury and criminal matters.
1998-2001 University of Idaho
• juris Doctorate — 2-time Dean's list
Moscow, ID
1993-1998 Washington State University Pullman, \VA
• B.S., Natural Resources/Wildlife/Fish Biology, Minors: Soils, Forestry, and Range ;Management.
• Graduated Cum Laude, Nat. Resource Dept. "Student of the Year", 6-time President's 1 lonor Roll
11RO17ESSION 1 1PEIZIENCE/\I1---\IBERSHIPS
• Member of Washington State Bar Association, #32299 — In good standing, no discipline.
• Trial experience: 100+ jury trials in Superior and local courts of limited jurisdiction the last 17 years.
• Misdemeanor experience: —1000 DUI cases, —1,000 Domestic Violence cases.
• Felony experience: Murder 2°, Attempted Murder, Vehicular Homicide, Rapc, Assault, etc.
• Appeal experience: Successfully appealed cases to Superior Court 111 \VIZ 20+ times.
• Member of Citizens For judicial Excellence
• 3-time Super Lawyer Rising Star
�' 1275 12+1+ ,\\T: N\C', SUI'1V 5, 1SS:\t)1.1,\1 I, \\/,\ 98027,-125-a57-0794
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Whitney Gardner
1275 12`r' AVE NW, Suite 5, Issaquah, WA 98027
(425) 657-0794
Whitnev a,Valleti Dcfenders.com
EDUCATION
2001-2004 Seattle University School of Law, Seattle, WA
.luris Doctorate
Board Member of Public Interest Law Foundation
2004 Graduation Committee Member
1999 California Teaching Certificate, California
1995-1999 Seattle University, Seattle, WA
B.A. Sociology with an emphasis on Criminal Justice and Social Wort.
PROFESSIONAL MEMBERSHIPS
2005-current Washington State Bar Association
2005-current King County Bar Association
2006-current American Immigration Legal Association
2017-current Washington Defenders Association
EXPERIENCE
VALLEY DEFENDERS, PLLC, Issaquah, WA, January 2013 — Present
Partner
a Criminal Defense; private defense, and public defense work
McCully & Gardner, PLLC, Issaquah, WA, January 2013 — Present
Owner
• Private Criminal Law
• Immigration Litigation; Removal, Family based petitions, Deferred Actions, U Visas
Family Law; Domestic Violence Protection Orders, Dissolutions, Parentage Actions. Child Support,
CPS Investigations
ARGOSY UNIVERSITY, Seattle, WA, 2006 — 2016
Professor
• Education Law: The District
• Education Law: 1-ligher Education
• Capstone Advisor
THE JACOBSON LEGAL GROUP, PLLC, Issaquah, WA, July 2012-January 2013
Associate Attorney
• Criminal Defense, private defense, and public defense work
• Immigration Litigation; Removal, Family based petitions, Deferred Actions, U Visas
• Family Law; Domestic Violence Protection Orders, Dissolutions, Parentage Actions, Child Support.
CPS Investigations
BROWN AND STERLING
A PROFESSIONAL CORPORATION, Fall City, WA, 2006 July 2012
Senior Associate Attorney
• Criminal La\N
AGENDA ITEM V. h)
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AGENDA ITEM #7. h)
• Immigration Litigation; Removal, Family based petitions, Deterred Actions, U Visas
• Family Law; Domestic Violence Protection Orders, Dissolutions, Parentage Actions, Child Support,
CPS investigations
ATTORNEY AT LAW, Issaquah, WA, 2005 —2007
• Solo practitioner focusing on criminal law, family law, and immigration law.
EDUCATIONAL TUTORING AND CONSULTING, Mercer Island, WA, 2000-2003
• Established educational goals with students, parents and administrators
• Implemented a variety of educational programs with students of all educational abilities
• Consulted with school districts to assist in complying with Individual Educational Plans
CHILDREN'S INSTITUTE FOR LEARNING DIFFERENCES, Mercer Island, WA, 2000-2001
■ Wrote and Implemented Individual Education Plans (IEP's)
• Managed three other co -teachers
• Worked with students with varying learning disabilities, degrees of autism, and behavioral/ emotional
disorders
VOLUNTEER WORK
HEROS FOR THE HOMELESS, Seattle, Washington
Organize a monthly feeding of local, homeless citizen with my daughters soccer team.
SPECIAL OLYMPICS, Washington
My family and I enjoy participating in Special Olympics events throughout the year. My son, Diego, born
November 2006. has Down Syndrome, it has been a great way to be involved with this Community.
NORTHWEST IMMIGRATION RIGHTS PROJECT, Washington, 2006-current
I have assisted immigrants and detainees with immigrant petitions, asylum applications, and petitions lbr
Cancellation of Removal of legal and non legal residents. This applications also included representations in the
United States Immigration Court.
KING COUNTY BAR ASSOCIATION, King County, Washington, 2005-2006
Provided legal representation in family law matters to indigent women who were victims of domestic violence.
PARENTAL ADVOCATE, Greater Seattle Area, 2001-2005
During Individual Education Plan (IEP) Meetings and Administrative Hearings i provided legal advocac3 to
parents.
PUBLIC INTEREST LAW FOUNDATION, Seattle University. 2001-2004
Each year assisted in gathering volunteers for the Susan B. Komen, Race for the Cure as well as organized and
ran the registration table on the day of The Race. Additionally, organized an auction each year that generated
over $25.000.
LANGUAGES
Intermediate proficiency in Spanish; reading, writing and speaking.
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AGENDA ITEM #7. h)
Sheri Pewitt, Pewitt Law, PLLC.
720 Third Ave. Suite 2015, Seattle, WA 98104
(206) 941-0009 pewittlaw(cDgmail.com www.pewittlaw.com
LEGAL EXPERIENCE
Principal Attorney, Pewitt Law, PLLC. 2013 - Present
Responsible for all aspects of a criminal law practice in superior, district and municipal courts
Pro Tempore Judge, Edmonds Municipal Court 2017 - Present
Washington State Defense Bar Legislative Committee Co -Chair, WACDL 2017 - Present
Staff Attorney, Snohomish County Public Defender Association 2009 - 2012
Snohomish County Superior Court
■ Represented indigent clients in all aspects of criminal felony proceedings
Snohomish County District Courts
■ Carried heavy misdemeanor caseload representing indigent clients in all aspects of
district court criminal proceedings including arraignments, pretrial hearings, plea negotiations,
plea hearings, evidentiary motions, trials, sentencing hearings and failure to comply hearings
■ Conducted legal research, drafted briefs and motions
■ Maintained thorough communication with clients regarding case options
■ Represented in -custody felony clients in expedited misdemeanor resolutions
■ Covered in -custody district court jail calendars and felony probable cause calendars
Law Clerk, Washington State Attorney General's Office May 2008 - Oct 2008
Criminal Justice Division, Sexually Violent Predator Unit
■ Created trial materials and prepared witnesses for civil commitment trial of Kevin Coe
Rule 9 Public Defender, Snohomish County Public Defender Association January - May 2008
■ Handled criminal misdemeanor matters in Snohomish County South District Court
Judicial Extern for the Honorable R. McDermott, King County Superior Court Summer 2007
■ Researched and wrote bench memos, observed criminal and civil proceedings
EDUCATION
Seattle University - JURIS DOCTOR, magna cum laude December 2008
■ Merit Scholarship Recipient 2006, 2007, 2008, 2009
■ Seattle University Law School's National Moot Court Team, Appellate Advocacy (2008)
University of Washington, MBA 1994
■ Nominated by UW Graduate Business School Faculty for MBA of the Year (1994)
Washington State University, BA, Education 1985
MEMBERSHIPS AND AFFILIATIONS
Washington State Bar Association admitted June 2009
Memberships: WDA, WACDL, ACLU, NCDD
RECOGNITION
■ Selected as a Rising Star by Super Lawyers' Magazine 2016, 2017, 2018, 2019
■ Profiled in Washington Super Lawyers' Magazine: Allison Peryea, Out of the Jury Box: Sheri Pewitt's
personal mantra guides her practice and her pro bono work representing political protesters (2017)
SPEAKING ENGAGEMENTS
• Hitting a Home Run through Search & Seizure, WA Assoc. of Criminal Defense Lawyers (2016)
■ In Their Own Words: Using Tox and Tech Transcripts to Tailor Trial Testimony, Defending DUls in
Washington, Washington State Foundation for Justice (2016)
■ Collateral Consequences of Convictions, Criminal Convictions and Canada, WACDL & Citizens for Judicial
Excellence (2016)
• Business Ethics and Professionalism, Washington State Bail Agents' Association (2016)
PUBLICATIONS
S. Pewitt, Sleep Driving in Snohomish County, Washington Criminal Defense, Vol. 26 No. 4, (2012)
S. Pewitt, To See of Not to See: Law Enforcement Use of Body Worn Cameras, NW Lawyer, (2017)
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David A Goodson
Suite 112 1530 140th A\enuc NE. Belle\lie. WA 9800
Cell: 42�-269-8029
davidm.goodson a gmail.com
Professional Summary
1987-1992:
Da\ies Pearson P.S.. Facoma. WA Rule 9 Intern `Associate La\\er. Represented a \ariet\ of clients in
Business. Insurance Defense, Complex Personal lnjur�,. Family La\\ and Criminal Defense matters.
1992-Present:
Sole Practitioner speciali7ing in criminal defense. particularl\ in the area of' DUI and other criminal traffic
offenses. Represented hundreds of clients in Federal. State and Municipal Courts throughout
Washing,ton State. l ried o\ er 100 jury trials - man) \\ ith favorable \ erdicts. /\lso represented man_\
clients before the Department of Licensing. Appellate Counsel in Superior Court. and In the C ouI't of
Appeals and Washington State Supreme Court.
Reported Decisions for \\hich I represented Appellant Petitik)ner:
State v. Lane. 771 P.2d 1150. 1 12 Wn.2d 464 (Wash. 1989).
State \ . Lane. 889 P.2d 929. 125 \\ n.2d 825 (\\ ash. 1995).
State v. Flom land. 832 P.2d 1339. 66 Wn.App. -586 (Wash.App. Div. 2 1992).
Clement v. State Dept. of Licensin. 35 P.3d 1171, 109 \\ n.App. 371 (Wash.App. DI\ . 1 2001 ).
Summary of Qualifications
• Fi\e Years Medium/1-ary,e La\\ Firm
Experience
• "I'\\ ent\ -onc \ ears sole practice
• Experienced I-itivator and negotiator
• Well orL_anized. self disciplined and self
moti\ ated
Professional Experience
• I-Aperienced at meeting or exceeding client
expectations in a timel\ manner
• Experienced in anal\zinu complex
ImmiL,ration requirements that pertain tk,
non -citizen client~
Trial Atturne\
SUeeeSSfu11\ represented man} clients in court through all phases of litigation. from initial charge to final
outcome. Prepare defense strateuics, defense investigation. \\ Itness inter\ te\\ s and trial preparation.
Pretrial motion practice. Voir Dire, opening, statements. cross examination of la, and expert \\ itnessie
direct examination. e\ identiarN objections. closing arL,uments, jar% instructions and post trial m..mlon
and appellate practice. Contracted to represent indigent defendants in conflict cases for the
municipalities of" orth Bend. Issaquah and Snoqualmie.
Education
J.D.
1989: Seattle I ni\ ersit\ School of' Law - Merit Scholar
Bachelor of Arts
1985: Uni\ ersit\ of California. Berkelev - Ilistor\
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EXPERIENCE
Ali NE C. DEDERER
P.O. Boa 31641
Seattle, WA 98103
206-779-3325/206-428-7142(fax)
annera dfr-law.com
Conflict Conflict Attorney, City of Shoreline , Mar-2018- Present represent
conflict cases where conflict counsel has a conflict. Currently one. case. Sohn Norris,
conflict counsel contract supervisor.
Conflict Counsel , City of Kenmore, Mar 2018- Present. Represent clients
charged with misdemeanors Nx-liere City Public Defender has a conflict. Joanne
Gregoiy conflict contract supervisor.
Contract Attorney, Cayce & Grove, January 2017-Present. Auburn District and
Renton Municipal Court calendars, 'I'ricia Grove, supervisor.
Panel Attorney, King County Department of Public Defense, May, 2016-
Present Represent adolescents in Dependence matter, as well as 1 Ivenile Offender.
in Misdemeanors and Class C Felonies. Burn, Petersen , Reporting Attorney
Panel Attorney, State Office of Public Defense , February 2016-Present
Represent parents in dependency matters. Jana I Iced, contact.
Managing Partner, DFR Law Group Janaury, 2015-Present.
DFR Law Group, is dedicated to serving those in poverty offering low bono legal
services as wellas representing low income individuals in Social Security matters not
served by other services or the private bar. Caseload includes SSI/SSDI for low
income people with mental licalth issues and / or substance issues, family law cases
through the Moderate Means program, as well as several King Counn' Drug
Diversion Court matters, Civil Contempt cases panel dependency and juvenile
offender matters and a number of minor cruiinal matters.
Pro Bono CASA Attorney, King County County CASA, July, 2015 Januar}
2016.
Assigned to Termination trial representing CASA for two children. Research
preparation and representation of CASA at 5 week trial. Lisa Peterson, I:xccutn-r
Director.
Directing Attorney, Disabled Homeless Advocacy Project, Seattle
Community Law Center, February 2012- December 2014.
Represented disabled holneless individuals in claims for Social Security benefits.
Diverse client base. Maintained caseload of '100 active cases represeriring applicanrs
from application stage through appeals and review be \dministrative I,.aw J udge and
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Appeals Council. Duties include client contact, outreach at shelters in ncc
community , developing medical record, brief writing, heating preparation and
presentation as well as all necessary paperwork. Alex Doolittle, supervisor.
Attorney, Society of Counsel Representing Accused Persons, February 2009-
Ocotber 2011.
Represented clients on Misdemeanor First Appearance ,Second Appearance and
Felony Investigation calendars. Began as temporary contract position became
Permanent Part Time job share position. Also prepared Motions for in -custody
clients. Marc Stencliever, , supervisor.
Attorney, Associated Counsel for the Accused , February 2007- October 2008
Represented King County Drug Diversion Court participants as part of Drug Court
team. Responsibilities included all hearings including but not limited to
arraignments, opt in, terminations, reviews, DOSA reviews and revocations, and
status . Required knowledge of recovery, drug treatment services and Sentencing
Reform Act. Required ability to think on feet , multi task and understand and spot
issues and problems ininediately. Used extensive knowledge related to mental
health services , state benefits and other social service resources to enhance
representation of clients to extend beyond representation for felon, cases. Also
provided video legal question and answer training for new Drug Court participants
(continues to be used at this tune) ,provided in service trainings to Drug Court ream
and ACA staff regarding state benefits laws. Worked well in team environment while
still maintaining role as defense attorney. Supervisors , Pat Valcrio, liana Brown.
Benefits Attorney, Fremont Public Association Family Assistance Program
September 1997- February 2007
Represented state benefits applicants and recipients in fair hearings before the
Office Of Adnninistrative Hearings. Duties include direct representation, referral to
other legal and social services, active membership in various econonnic legal services
committees, draft appeals (administrative and judicial review), community outreach,
peer and community service provider training. Very diverse low income client base.
Extensive client contact. Focus on clients with disabilities especially those
tertninated or denied General Assistance benefits. Intake and caseloail management.
Responsible for most program grant reporting. Supervision of at 2-4 legal interns.
Field supervisor for laNv student extern. Supeivisor, Tony 1..ce.
Director, Fan Club and Merchandising, Presidents of the United States of
America November 1995- February 1997
Set up and ran merchandising and fan club for internationally known band. DUtICIS
included creation and posting of mailings (e.g. tour postcards and bi-montlnlu
newsletter), read and entered fan mail into database (up to 600 letters per week),.set
up merchandising operation, filled and sent orders, answered fan email. Supervisors,
Chris Ballevv, Dave Dcderer, Jason Finn.
Attorney at Law, Society of Counsel Representing Accused Persons
November 1989- June 1995
AGENDA ITEM #7. h)
101,
U
AGENDA ITEM #7. h)
Practice included dependency, juvenile offender, criininal misdemeanor and family,
law civil contempt defense. Duties included full case management, extensive client
contact, trial preparation and practice and daily court appearances (arraignments,
case settings, probation violation hearings, omnibus hearings, jail calendar, motions
and trials). Very diverse low income client base. Supeivisors, Dennis Ichikawa,
George Yeannal:is, Jacalyn Brudvik.
EDUCATION AND CERTIFICATION
2018 OPD Juvenile Academy Training
2013 King County Judge Pro Tempore training and certification
1989 Admitted to Washington State Bar Association
1986 Juris Doctor , University of Puget Sound School of Law Tacoma, WA
1983 Bachelor of Arts, Pitzer College Claremont , CA .
ACTIVITIES AND INTHRESTS
• Obama for Change (Oliio) Voter Protection. November, 2008
• tit. Vincent DePaul Conference member 2004- Present.
• St. Vincent DCPaUl, St Anne's Conference, President, 2014- Present
• St. Vincent DePaul Conference Presenter, 2005-2010
■ St. Vuicent de Paul N\\' Precinct Chair, 2008-2011
• St. Vincent de Paul Council Board Member, 2008-2011
• tit. Anne's Social justice Committee, April 2015-2016
• Volunteer, Alphabet Soup Children's Books, 2005-2016
• Volunteer, K-EXP Radio, 200=4- 2016
• F,,= y Assistance Program Advisory Board Member, 2007- 2015
■ Street Youth Law Advocates Board Member, 2006- 2009
• Participant , Solid Ground bowlathon, 2005-2010
• Recipient, Saint Vincent de Paul Society Least of My Brethern :\ward,
March, 2007.
• Parucipant,Naaonal Drug Court Institute Training, completed training;
April 2007, Reno Nevada
• Presenter, Advocacy 101 training series with Northwest justice
Project,Columbla Legal Services and Northwest Health Law Advocates
1997- 200 7.
• WSBA Access to j ustice Planning Committee, 1998-2002, 2004-2008, 2014-
Present
• WSBA Access tojustice Conference. Workshop presenter 2000-2001; 2015.
• Various Focus Groups (Disabled Adults, Child Care), 1997-200 7
• Family and Adult Seivice Centel; Volunteer, 2003- 2006.
• local music promotion ,1995-2001.
• Office of Administrative I learings hest Practices Training; presenter , 2000
• Cit-• of Seattle Health and I -Inman Services presenter, 2000-2003
■ Food Security- for Children -Babe Boost Inforina6on lairs , presenter ,
'1997-2007.
• Awarded Community Partnership Award , Seattle Clniversity School of Law
Access to justice Institute, 2006
AGENDA ITEM #7. h)
AGENDA ITEM #7. h)
Valley Defenders, PLLC
Attorneys at Law
:I/'ll[1(•L•:1'A'/UA(•!/.A'li/tI'/('/i ['01(/'[)/i.11'/[hY
Shawn P. McCully
Whitney Gardner
Stephen Smith
Case No.:
127.5 NW, Suite;-)
Issaquah, Washington 98027
TLLETI-IONL: (125) 657-070 1
FACSTMILE: (125) 677.7043
How:s: Dlon-Thu 8:00AA1 - 5:00 p.m.
P rida\• - Limited Hours
Attorney Office Hours -- Monday 11AM - 1 PM
We \would like to welconle _you as a client to Valley Defenders. PLLC. OLIr practice areas generally include criminal
defense, immigration, family law, and personal injury. The firm has experience representing clients on cases involvin-
federal charges, felonies, and misdemeanors througho>_rt Washington. Our most common cases arise out of the Issaquah
Municipal Court, Kirkland Municipal Court, and King County District COLII•t.
When you are first appointed to our firm, the only inforniation we have on your specific case is the appoinUrlent notice
indicating you are a new client to our firm. We request discovery immediately upon receipt of the appointment notice,
and generally receive the discovery (police reports and evidence the prosecutor intends to use against you in court) about
7-14 days later. it is usually more productive to meet with us after we have the discovery. You can call us to confirm we
have discovery before coming in.
It is your responsibility meet with us or to make an appointment with our office to discuss your case and the discovery.
If \ou do not have time to meet with us or just want to discuss your case at your next hearing, understand that our tinge
will be limited and we may not be able to discuss all the issues at that time. It may require us to continue your Pre-trial
,zcheduling conference if you have not nlet with us. Because we are trial attorneys, we are in court a good portion of every
.1). However, \ve are not too busy to meet with you if you come during office hours or calllernail to set an appointment.
Office hours to meet with an attorney are every Monday from 11AM to 1PM. They are first come, first served drop in
11OLIl-S where an attorney will be available to meet with you. We encourage and generally require that you stop by and
meet with an attorney about your case.
To help us represent you on your case, be prepared to give us the names, phone numbers, and addresses of any witnesses
YOU feel may be relevant in your case during our first meeting or court hearing. In addition, a written account of the facts
involvin(I your case may also be helpful to us during your representation.
Jf you ai-e cha/•gecl with DUI. (here is alcohol and dl•ivel•s license iss'lles Vol/ neecl to achkess. Fh-sl, the Depa/Y//lenl of
LicelUillg (DOL) ///ay suspend ol• 1-evoke yow- license. Although you /nay requesi a hecu-ing to contest all action C1ga(nst
loll/- eb-Nel• �s license, we will not mj)!'esent you as we have been appo117lec1 on just vow- ci-iminal chal•ge(s). Eolt lnav hire
an alloi,nevfbr the hec1ring or l•epl•esent yow-self.' 11 is also helpfid to acquire all alcohol evaluation fron7 a stale al)provecl
alcohol trealinenl fcici/lty but signing a release to onlyyow, at/a/•nev lentil there has been a cl)sposl/ron on your case.
If your case involves alcohol or drugs we generally reconlnlend an evaluation to see if treatment will be reconlnlended b\
a professional agency. You may call our office to obtain the phone number of a few places that we prefer to work \\ ith.
We have worked with Assessment & Treatment Associates (425-289-1600 or www.assesstreat.conl) for years. They oiler
our public defense clients a reduced rate of $100 for an evaluation if you mention you are a client of Valley Defenders.
Lastly. do not miss your court date! it is likely a warrant for your arrest will issue upon your failing to appear. 11'an
emergency develops, any request to continue your court date must be made prior to your scheduled hearing and ►rust be
'qoproved before your scheduled hearing. If you have any questions, feel free to contact us during our normal off ice hours
email us at any time
\Vhitney(c)VallevDcleiiclel•s.colll Shawn a VallevDelenclers.com
Stephenvl VallevDelendcrs.coni
......................... ..........
AGENDA ITEM #7. h)
AGENDA ITEM #7. h)
Valley ]Defenders, PLLC
Attorneys at Law
t �rtnii::c�iuw.-ti.,u:�(t�rec<uirrnu.aun,v
Shawn P. McCully
Whitney Gardner
Stephen Smith
Numero de caso .:
1275 12,1, AVE N\V, Suite 5
Issaquah, Washington 98027
TELEP ONO: (125) 657-0794
FAX: (425) 677-70 1:3
Horiro: Luncs-,lueves 8:110.-\PI -- .5:00 p.m.
Viornes— Floras linutadas
Horas de oficina de los Abogados— Lunes I1AM — 1PM
Nos gustaria darle la bienvenida como cliente de Valley Defenders, PLLC. Nuestras areas de practica generalmente incluyen defensa
criminal, inmigraci6n. derecho de familia y lesiones personates. La firma tiene experiencia en representar a clientes en casos Clue
involucran cargos federales. delitos graves y delitos menores en todo Washington. Nuestros casos mas comunes surgen del Tribunal
Municipal de Issaquah. el Tribunal Municipal de Kirkland y el Tribunal de Distrito del Condado de King.
Cuando se to nombra por primera vrr_ cn nuestra firma, la iinica inibrmacicin que tencmos sabre su caso especilico es el aviso de vita que indica gLie
Listed es Lin nuevo cliente de nuestra firma. Solicitantos el descubrimiento legal inmediatamente despuds de recibir el aviso de vita. )- generalmente
recibinu)s cl descubrimiento legal (informes policiales y evidencia que el fiscal intenta usar en su contra en el tribunal) unos 7-14 dins despuds. Por Io
general. es mtis productivo reunirse con nosotros despuds de que recivamos el descubrimiento legal. Puede Ilamarnos para confirmar quc tenemOS Lin
descubrimiento legal antes de ingresar.
Es su responsabilidad reunirse con nosotros o concertar una cita con nuestra oficina para analizar su caso y el descubrimiento. Si no
tiene tiempo para reunirse con nosotros o si solo desea analizar su caso en su pr6xima audiencia, entienda que nuestro tiempo sera
limitado y no podremos diSCLitlr todos los asuntos en ese momento. Puede requerir Clue continuemos con su conferencia Cie
programacion previa al juicio si no se ha reunido con nosotros. Debido a Clue somos abogados litigantes. estamos en la corte una buena
parte de todos los dins. Sin embargo, no estamos demasiado ocupados para reunirnos con Listed si se presenta durante el horario de
oficina o flame 1 envie un correo elect•6nico para programar una cita.
)s horarios de oficina para reunirse con Lin abogado son todos los tunes de i i a.m. a 1 p.m. Se asignan por orden de Ilegada las
noras en Clue uno de los abogados estara disponn ible para reunirse coListed. Alentamos v en general, exigimos que visits a Lino de los
abogados para conocer su caso.
Para ayudarnos a representarlo en su caso. este preparado para darnos Jos hombres, numeros de teleiono y direcciones de
Jos testigos que considers relevantes en su caso durante nuestra primera reunion o audiencia en la colic. Ademis. su
testimonio escrito de Jos hechos relacionados con su caso tambieh Puede ser 6til para nosotros durante su representaci6n.
Si se le acitsa Ile DUI, hcN problemus de licencia ale alcohol t, ale conchlcir que debe resolver. Primero, el Departamento ale Lh'elwias
(DOL) pitede suspender o rerocar sr( licencia. Aunque paede solicilar una( audiencia para impugner una acciun en contra Ile sit
licencia de conducir, no to represeniaremos, va que hemos lido designados Ii77icamente por sit (s) cargo (s) criminal (es). Puede
contrcnar a un abogado para la audiencia o representarse a si misn7o. 7ambi6i es titil adquirir una evaluachin de alcohol Ile I117
centro de iratan7ie1710 de alcohol aprobado por el estaalo, perofirinando Lin permtso solo a sit abogado hacta que hgra una
ItispOSYCi(i17 sobre sit caso.
Si su caso involucra alcohol o drogas, generalmente recomendamos una evaluation para ver si el tratamiento sera recomenclado por
una aoencia profesional. Puede Ilamar a nuestra oficina para obtener el n6mero de teldfono de algunos lugares con los que preferimos
t-abajar. Hemos trabajado con La fe - The Hope (425-793-9834 o lafe-thehope.com) por atios.
Por 61timo, ;no to pierdas to cita en la corte! Es probable Clue se dicte una orden de arresto por su falta de comparecencia. Si se
desarrolla una emergencia, cualquier solicited para continuar con su cita en la corte debe hacerse antes de su audiencia programada y
debe aprobarse antes de su audiencia programada. Si tiene alguna pregunta, no dude en ponerse en contacto con nosotros durante
nuestro horario normal de oficina o envienos un correo electr6nico en cualquier momento
Whitnev((tVallevDefcnders.com ShawnuWalle\Delenders.conl Stephen(c-t)ValleyDelenders.com
AGENDA ITEM #7. h)
O
AGENDA ITEM #7. h)
[ ] SUPERIOR COURT ( ] JUVENILE DEPARTMENT
[ ] DISTRICT COURT [ ] MUNICIPAL COURT
FOR
[ ] No.:
[ ] CITY OF [ ] COUNTY OF [ ] Administrative Filing
STATE OF WASHINGTON
CERTIFICATION BY: CERTIFICATION OF APPOINTED
COUNSEL OF COMPLIANCE N'ITH
[NAME], [WSBA4] STANDARDS REQUIRED BY CRR 3.1
FOR THE: 1 CRRLJ 3.1 / JuCR 9.2
Wr AND ;RD' 4 "'] CALENDAR QUARTER OF [YEAR]
The undersianed attorney hereby certifies:
1. Approximately % of my total practice time is devoted to indigent defense cases.
2. I am familiar with the applicable Standards adopted by the Supreme Court for attorneys
appointed to represent indigent persons and that
a. Basic Qualifications: I meet the minimum basic professional qualifications in Standard
14.1.
b. Office: I have access to an office that accommodates confidential meetings with clients. and
I have a postal address and adequate telephone services to ensure prompt response to client
contact, in compliance with Standard 5.2.
c. Investigators: I have investigators available to me and will use investigative services as
appropriate, in compliance with Standard 6.1.
d. Caseload: I will comply with Standard 3.2 during representation of the defendant in my
cases. [Effective October 1, 2013 for felony and juvenile offender caseloads; effective
January 1, 2015 for misdemeanor caseloads: I should not accept a greater number of' cases
(or a proportional mix of different case types) than specified in Standard 3.4, prorated if the
amount of time spent for indigent defense is less than full time, and taking into account the
case counting and weighting system applicable in my jurisdiction.]
e. Case Specific Qualifications: I am familiar with the specific case qualifications in Standard
14.2, Sections B-K and will not accept appointment in a case as lead counsel unless 1 meet
the qualifications for that case. [Effective October 1, 2013]
Signature, WSBA# Date
CERTIPICA1 ION OF APPOIN I-ED COUNSEL 01' COMPLIANCE WITH STANDARDS
REQUIRED BY CRR 3.1 / CRRLJ 3.1 / JuCR 9?
AGENDA ITEM #7. h)
AGENDA ITEM #7. h)
Expectations
1. All attorneys should be familiar with the WSBA Rules of Professional Conduct and should
freely approach a fellow firm employee or partner to think through any ethical issue.
Attorneys are to use the ethics hotline through the Bar association and document the
result of the ethical consideration, and attorneys should also use John Strait at Seattle
University as an ethical expert when any issue arises. Prior to raising an ethical issue
with the Bar about any attorney the employee should first attempt to work with said
attorney and if there is still an unresolved ethical issue approach a partner prior to filing
a grievance.
2. Each attorney will arrive, when possible, 15 minutes prior to a calendar starting. If the
attorney is running late they will notify the office so staff can advise the court of the
delay.
a. If you are unable to make your scheduled hearing due to illness or emergency
notify either Whitney or Shawn as soon as possible to ensure coverage.
3. Each attorney will show up to court: prepared, aware of their cases, having read the
police report, contacted/attempted to contact the client and the prosecutor about
possible disposition/additional discovery needs
a. Attorneys will be responsible for setting up their own AV/witness interviews and
document the interview, it is preferable if permitted that the interview be
recorded.
4. Attorney will ask for special services where appropriate; experts, investigator, or
interpreter. They will document the type of special service needed for a particular case.
The attorney will approach a partner on the needed service and, upon approval, file the
appropriate motion with the court to receive funding for the service.
5. Attorney will use with great discretion on their social media accounts when referencing
client, courts, judges, or prosecutors. "Great discretion" should always take into
consideration attorney/client privilege and WSBA Rules of Professional Conduct.
6. Attorneys will use the legal software made available to them through Vyl).
7. Any paper copies of client information will be returned to the office to be scanned into
their client file and then remain in the office for quarterly shredding. The shred box is
currently located in the office copy room.
8. Case Sheets: attorney will be responsible for imputing client information, contact
information, treatment providers, and if the office has permission to speak with anyone
other than the client. Attorneys should document each contact whether by phone,
email or in person meeting.
9. Each attorney will update the case notes after each hearing; updates should include
summary of the court proceeding and updating telephone numbers and emails. Always
AGENDA ITEM #7. h)
101
AGENDA ITEM #7. h)
confirm whether a voicemail/email can contain a specific message. Files should be
updated within 7 days of the hearing.
10. All new cases must confirm immigration status; ULP (unlawful presence), DACA, LPR,
refugee, citizen or other visa holder
a. VyD is a member of WDA if the client is not a US Citizen then the online
immigration form should be completed https://defensenet.org/case-
support/immigration-project/, and placed into client file. All attorneys should
know the expections under Padilla and Sandovel in regards to immigration
advisories. It is never enough to say "speak to an immigration attorney."
b. Any advisories should be placed in the client file/case sheet and used upon
dispositions
c. No immigration pleas should refer the court to the police report, they should
always contain a factual statement and not a stipulation to a police report.
d. All immigration SOC's should contain immigration friendly language
e. All immigrant clients should be advised that SOCs are still seen as convictions by
immigration authorities; therefore, crafting an immigration friendly SOC is just as
important as a plea.
11. Each attorney will use the laptop provided by VyD in court at each hearing.
12. Attorneys will only use their official VyD email when responding to clients.
13. Attorneys should attempt to return emails or phone calls within 72 hours from another
attorney, client, treatment provider, etc
14. All requests for police reports will go through the office, the provider must send an ROI
to either reception@valleydefenders.com or fax 425-677-7043
15. Attorney should notify a partner of any serious conflict with a client, attorney will use
their discretion as to what constitutes "serious."
16. Attorneys will attend weekly staffing meetings, they should come ready to discuss any
cases they have or issues within the court they are practicing in.
17. If attorney needs to pre -schedule time off, as courtesy advise a partner when possible
30 days in advance, if not possible as soon as it becomes known to the attorney.
18. Hourly attorneys will be compensated for time that is required to meet the above
expectations.
19. All requests for reimbursements should be submitted within 30 days of incurring the
expense and include a description of the expense and receipt.
Employee/ Staff Attorney date
Whitney Gardner / Shawn McCully date
AGENDA ITEM #7. h)
AGENDA ITEM #7. i)
AB - 2327
C[TY OF
-----wwwo�Renton uOo�"
SUBJECT/TITLE: Authorization to Purchase Fleet Vehicles Approved in the 2019-2020
Biennial Budget
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Public Works Administration
STAFF CONTACT: Ron Kahler, Fleet Maintenance Manager
EXT.: 2660
The Fleet Maintenance Section obtained quotes to purchase 32 vehicles for the Police Department. The total
estimated cost of the purchase for all vehicles is estimated to be $2,015,469.04, which includes the cost of up
fitting each vehicle to meet Police Department specifications and applicable sales tax. All vehicles will be
purchased using the state bid contract number 05916.
As part of the 2017-2018 mid -biennium budget adjustment Ordinance No. 5864 approved by Council
November 13, 2017, a Police Department Take Home Cars Program was established. In order to execute this
program authorization was given to purchase a total of 58 additional full size SUV Police patrol vehicles with a
phase -in period of two years. The first phase of purchases was completed in 2018. This is a request for
authorization to purchase 32 vehicles, 26 of which are considered as the second phase of purchasing for the
newly established Take Home Cars Program. The remaining six vehicles have previously been included in the
Equipment Rental Fund 501 Vehicle Replacement and Acquisition Schedule as part of the 2019-2020 biennium
budget. All vehicles included in this request are for the Police Department and will be purchased using the
state bid contract number 05916. A list of the vehicles we are requesting to purchase and further explanation
of the program are included in the attached issue paper and exhibits.
A. Table 1
B. Bud Clary Quote #2019-2-126
C. Kerr Industries Quote #60-1055
D. Kerr Industries Quote #60-1056
E. Kerr Industries Quote #60-1057
Authorize the purchase of 32 vehicles using state bid contract number 05916. Six of these vehicles are
included in the Equipment Rental Fund 501 Vehicle Replacement and Acquisition Schedule approved by
Council on November 5, 2018 as part of the 2019-2020 biennial budget. The remaining 26 vehicles are also
included in the approved Equipment Rental Fund 501 Vehicle Replacement and Acquisition Schedule and will
be purchased as part of the new Police Department Take Home Cars Program established as part of the 2017-
2018 mid -biennium budget adjustment Ordinance No. 5864 approved November 13, 2017.
AGENDUM #7. i)
PUBLIC WORKS DEPARTMENT
M E M O R A N D U M
DATE:
February 25, 2019
TO:
Don Persson, Council President
Members of Renton City Council
VIA:
Denis Law, Mayor
FROM:
Gregg Zimmerman, Public Works Administrator, ext. 7311
STAFF CONTACT:
Ron Kahler, Fleet Maintenance Manager, ext. 2660
SUBJECT:
Authorization to Purchase Fleet Vehicles Approved in the
2019-2020 Biennial Budget
ISSUE:
Should Council authorize the purchase of 32 vehicles included in the Equipment Rental
Fund 501 Vehicle Replacement and Acquisition Schedule approved by Council on
November 5, 2018 as part of the 2019-2020 biennial budget?
RECOMMENDATION:
Authorize the purchase of the 32 vehicles listed included in the Equipment Rental Fund
501 Vehicle Replacement and Acquisition Schedule approved by Council on November
5, 2018 as part of the 2019-2020 biennial budget. These vehicles are outlined in the
attached Exhibit A Table 1. Six of the vehicles are replacing existing fleet and 26 are
budgeted as part of the newly established Police Department Take Home Cars Program
approved in the 2017-2018 mid -biennium budget adjustment Ordinance No. 5864. As a
result of the establishment of this program funding from the Public Safety Small
Equipment Reserve and the General Fund were transferred to the Equipment Rental
Fund 501 during the 2017-2018 mid -biennium budget adjustment. The total cost for the
32 vehicles is estimated to be $2,015,469.04, which includes the cost of up fitting each
vehicle to meet Police Department specifications and applicable sales tax. All vehicles
will be purchased using state bid contract number 05916.
BACKGROUND:
In 2017 the Police Department expressed interest in establishing a "Take Home Cars
Program." Following discussion and planning at the administration level, the request
was submitted to Council as part of the 2017-2018 mid -biennium budget adjustment
ordinance and approved on November 13, 2017. This is the second phase of the
AGENDA ITEM #7, i)
Don Persson, Council President
Members of the Renton City Council
Page 2 of 2
February 25, 2019
program and consists of the purchase of 26 new take home vehicles as outlined in the
2017-2018 mid -biennium budget adjustment and six replacement vehicles previously
included in the Equipment Rental 501 Vehicle Replacement and Acquisition Schedule
approved by Council November 5, 2018 as part of the 2019-2020 biennial budget.
The vehicles are being built by the factory and will be up fitted by Kerr Industries, with
police specific equipment during the building process. All of the vehicles are up fitted
using the same Chevrolet Tahoe as a base model (Exhibit B). Exhibit C is a quote from
Kerr Industries for up fitting the 26 new take home vehicles, plus two replacement
vehicles. Exhibit D, the second quote from Kerr Industries is for two slick top (no light
bar) vehicles, replacing two existing fleet vehicles. The final Exhibit E from Kerr
Industries is to up fit two unmarked vehicles with a single prisoner unit in the back seat.
The total cost of each vehicle is the per vehicle cost from Bud Clary, plus the per vehicle
cost for up fitting from Kerr Industries. As a result of Kerr Industries installing the police
equipment during the build process, upon delivery the vehicles will be in such a
condition where they will be 90% ready for activation. In the past this special
equipment was installed by our Fleet Maintenance Section, Transportation Maintenance
Section and Information Technology Division. Coordination by the three areas of
expertise often resulted in several weeks of delay in preparing these vehicles for staff
use. A total of $2,080,000 was budgeted in 2019 for the purchase of the vehicles
required to fulfill the Take Home Cars Program. This purchase of take home vehicles is
estimated at $1,642,612.92 and falls within the budgeted amount. The amount
budgeted per vehicle for the replacement vehicles is $70,000 with the estimated cost
per replacement vehicle being between $60,786.02 and $63,177.42, which falls within
the budgeted amount.
cc: Ed VanValey, Chief of Police
Jan Hawn, Administrative Services Administrator
Mike Stenhouse, Maintenance Services Director
Jamie Thomas, Fiscal Services Director
Jeff Hardin, Police Commander
Ron Kahler, Fleet Maintenance Manager
Hai Nguyen, Senior Finance Analyst
EXHIBIT A
TABLE 1
2019 POLICE VEHICLE PURCHASE
QUANTITY
EXISTING
VEHICLE
YEAR
PURCHASED
REPLACEMENT
MAKE &
MODEL
BASE
REPLACEMENT
COST PER VEHICLE
UP FITTING
COST PER
VEHICLE
TOTAL COST
PER VEHICLE
EXTENDED
COST
VENDOR & STATE
CONTRACT NUMBER
1
B1181
2006
Chevrolet Tahoe
38,751.92
24,425.50
63,177.42
63,177.42
WA STATE 05916
1
B1641
2013
Chevrolet Tahoe
38,751.92
24,425.50
63,177.42
63,177.42
WA STATE 05916
1
B1662
2013
Chevrolet Tahoe
38,751.92
23,712.70
62,464.62
62,464.62
WA STATE 05916
1
B1672
2013
Chevrolet Tahoe
38,751.92
23,712.70
62,464.62
62,464.62
WA STATE 05916
1
B1683
2013
Chevrolet Tahoe
38,751.92
22,034.10
60,786.02
60,786.02
WA STATE 05916
1
A4403
2005
Chevrolet Tahoe
38,751.92
22,034.10
60,786.02
60,786.02
WA STATE 05916
26
NEW'
New
Chevrolet Tahoe 1
38,751.92
1 24,425.50
63,177.42 1
1,642,612.92
WA STATE 05916
TOTAL COST ALL VEHICLES I
2,01S,469.04
'As part of the mid -biennium budget adjustment Ordinance No. 5864 approved by Council November 13, 2017, a Police Department Take Home Cars
Program was established. In order to execute this program authorization was given to purchase a total of 58 additional full size SUV Police patrol vehicles
with a phase -in period of two years. The first phase of purchases was completed in 2018. The second phase is scheduled for purchase in 2019. The
estimated cost of each of the 26 marked patrol vehicles being purchased is $63,177.42 (dealership base cost of $38,751.92, plus up fitting cost by Kerr
Industries of $24,425.50, please see Exhibits B and C). The total estimated cost of these 26 vehicles is $1,642,612.92, which is within the total budget of
$2,080,000.
Also included in cost category 1 as outlined above are two replacement vehicles for existing fleet vehicles B118 and B164. m
ZThese replacement Tahoes are considered slick top vehicles and not up fitted with light bars. The estimated cost per vehicle $62,464.62 (dealersip bah
cost of $38,751.92, plus up fitting cost by Kerr Industries of $23,712.70, please see Exhibits B and D). n
y
3These replacement vehicles are considered unmarked vehicles and up fitted with a single prisoner unit. The estimated cost per vehicle is $60,786.02 nl
(dealership base cost of $38,751.92, plus up fitting cost by Kerr Industries of $22,034.10, please see Exhibits B and E).
V
N=:
EXHIBIT B AGENDA ITEM #7. i)
Vehicle Quote Number: 2019-2-126 Create Purchase Request View organization urchase request,
This is a quote only. You must create a purchase request to order this vehicle(s)
Contract & Dealer Information
Contract #: 05916
Dealer: BUD CLARY AUTO DEALERSHIPS (W262)
Organization Information
Organization: RENTON, CITY OF - 21725
Email: rkahler@rentonwa.gov
Quote Notes:
Vehicle Location: Renton
Color Options & Qty
Shadow Gray Metallic(GII) - 1
Black(GBA) - 31
Tax Exempt: N
Vehicle Options
Order Code Option Description
2019-0501-001 2019 Chevrolet Tahoe Police Pursuit Vehicle (CC15706)
Dealer Contact: Becky Davis
Dealer Phone: (360) 423-1700
Qty Unit Price Ext. Price
32 $34,248.00 $1,095,936.00
2019-0501-002 2019 Chevrolet Tahoe PPV 2wd (CC15706)pursuit rated 32 $0.00 $0.00
2019-0501-007 SEATS, DRIVER AND PASSENGER FRONT INDIVIDUAL SEATS, CLOTH TRIM (9U3): 20% 32 $250.00 $8,000.00
middle section removed which also removes the auxiliary power outlet, USB port and input
jack for audio system. Does not include floor console. Requires (AZ3) seating(included)
2019-0501-010 Ground studs, auxilary,cargo area inside liftgate(LF 7)requires 9C1 police vehicle
32 $88.00 $2,816.00
2019-0501-012 Wiring, grille lamps and siren speakers (Requires (9C1) Police Vehicle.)(613) 32 $92.00 $2,944.00
2019-0501-013 Wiring, horn and siren circuit (Requires (9C1) Police Vehicle.)(6]4)
2019-0501-014 Flasher system, Headlamps & Taillamps(617)
2019-0501-018 Lighting,red and white front auxiliary dome.(6C7)
1 2019-0501-019 Fleet Keyed Alike(6E2)
2019-0501-022 Remote Keyless Entry Package includes 6 additional transmitters (Requires (9C1) Police
Vehicle.)(AMF)
2019-0501-024 Content theft alarm disable(UTQ)
32 $41.00 $1,312.00
32 $495.00 $15,840.00
32 $170.00 $5,440.00
32 $25.00 $800.00
32 $75.00 $2,400.00
32 $50.00 $1,600.00
2019-0501-214 4 additional keys(dlr) 32 $215.00 $6,880.00
Quote Totals
Total Vehicles: 32
Sub Total: $1,143,968.00
8.4 % Sales Tax: $96,093.31
Quote Total: $1,240,061.31
EXHIBIT C AGENDA ITEM #7. i)
Dan McHattie
Sales — Vehicle Integration
Quote-18-Jan-19
d.mchattie@kerrindustries.com
1.800.585.1774 1 c: 289 830 5504 1 f: 905 725 3302
DALLAS I CHICAGO I DETROIT I TORONTO
To: Ron Kahler
City Of Renton
From: Dan McHattie
Kerr Industries
RE: 2019 Chev Tahoe PPV Marked Units/28 #60-1055
The following are additional equipment options contained under
upfit part # KT-RENMARK-19
— Whelen Liberty II DUO 54" lightbar with photocell, includes 6 dual -color
forward -facing LEDs, 8 dual -color rear -facing LEDs with traffic advisor
capability, 4 dual -color corner LEDs, alley and takedown lights, mounting
bracket and OE roof grommet_ Includes GTT 795 Opticom programed to
City of Renton Traffic code.
— Whelen CenCom CCSRN3 siren controller with remote head mounted in
center console, includes connection to front gun lock and all emergency
lighting, one Whelen 100-watt siren speaker mounted behind front grille
with a Kerr specific mounting bracket to work in conjuction with the OE
adaptive shutter system.
— Whelen Dominator 4-module light array, rear -facing mounted on bodyside
of rear cargo opening (RED/BLUE/RED/BLUE)
— Whelen ION split -color LEDs (RED/BLUE) mounted along lower edge or rear
side cargo windows (1 module on each side of vehicle)
— Setina #10VS horizontal sliding window partition with coated
polycarbonate upper section and airbag compatible wing panels, includes
recessed panel and lower extension panels
— Setina PB450 push bumper, with 4 integrated Whelen ION LEDs (two
forward -facing and one side -facing on each side, each RED/BLUE split)-
- Setina TPO door panel covers, with steel vertical bar window barriers
— Single vertical weapon mount for AR, mounted on recess panel of partition.
Front gun lock to be controlled by Cencom controller.
Kerr Industries Ltd. Page 1 6-Feb-19
AGENDA ITEM #7. i)
Rear gun lock to include 2 small Universal Handcuff style locks mounted
horizontally across top shelf face of cargo box. Includes hidden switch on
D-pillar behind Tri-power connection. (NOTE: requires cargo box)
— Gamber-Johnson centre console, with dual internal cupholder, Brother
armrest printer mount (NOTE: printer not included), 110V/USB/12V lighter
plug panel and LED map light. Includes filler panels and faceplates to
match equipment, Includes docking station for Panasonic Toughbook CF-
54.
— AEDEC prisoner transport seat with center -pull seatbelt system, includes
rear cargo barrier with polycarbonate upper window
— Streamlight flashlight charger, mounted on front passenger side of console
— RED/WHITE LED dome light mounted on rear liftgate interior trim panel
with activation relay when hatch gate is open, includes integrated on/off
switch. (does not connect into OE dome light)
— Battery jumper connection, mounted on driver side of push bumper
— Tri-plug Aux power outlet assembly mounted on driver side rear D-pillar
and connected to rear power management system.
— Corner LED modules in headlamps (RED/BLUE split -color both driver and
passenger side) and tail lamps (RED driver side, BLUE passenger side with
integrated reverse light to maintain FMVSS compliance)
— Two single -color LED modules mounted on underside of rear liftgate (rear -
facing and visible only when liftgate is open), includes integrated relay to
activate lights only when gate is open, deactivation switch mounted on left
D-pillar.
— Driver side spotlamp, with LED bulb
— Hidden door lock plungers installed on both rear doors to allow emergency
operation when power is lost.
— Installation of customer -supplied Coban in -car video system
— Motorola radio speaker, mounted on front of partition below sliding
window
— Two split -color (RED/BLUE) LED modules mounted on rear license plate
bracket
— AVS window shields, installed on all four doors
— Setina rear storage system with open -top tray, sliding drawer (no lock) and
lower radio tray
Kerr Industries Ltd. Page 2 6-Feb-19
AGENDA ITEM #7, i)
— Install customer supplied radio/GPS/WiFi antenna mounted on roof, per
customer spec
— Custom wiring, includes front and rear power distribution system with two
100-amp fuse panels each containing 5 ignition, 5 battery and 3
independently programable timed circuits; and pre -wiring for radio. All
wires color coded and labeled
NOTE. must order SEO 6.13, 6.14, 6.17, UT7, 91,113 and 6C7
Cost per Vehicle = $22,205.00
10% WA State Sales Tax = 2,220.50
Total = $24,425.50
Price is quoted in US funds and is exclusive of any applicable taxes
All equipment supplied and installed by Kerr Industries has a 3-year/36,000 mile warranty
Please note:
• Pricing valid for 45 days.
• There is no provision for air bag delete.
• *There is no provision for replacement of customer -supplied parts should they be damaged or
defective, nor for the testing of such parts to ensure they are in working condition. All customer -
supplied parts are assumed to be in working condition and compatible for the vehicle specified.
Kerr is not responsible for additional costs and/or delays in vehicle delivery if replacement parts
are required.
• Dealer is responsible for transportation of vehicle to and from Kerr facility by ensuring correct
ship-thru code is applied to vehicle order. Note there may be a ship-thru and/or excess freight
charge associated with ordering a vehicle on ship-thru, please consult dealer ordering guide for
pricing. Kerr will not be responsible for charged related to transportation of vehicle from Kerr's
facility.
• Kerr Industries is not responsible and assumes no liability for the specifications of the vehicle or
the factory options ordered by the dealer to meet those specifications. Please consult your GM
AutoBook for factory options and pricing for those options.
• This is ONLY a quote and not an order confirmation. To apply these options to a vehicle please
provide Kerr with the factory order numbers and a Kerr order confirmation will be sent to you.
Vehicles will not be processed without a signed order confirmation.
Please contact us if you have any questions regarding this quote.
Thanks for the opportunity,
Dan
Kerr Industries Ltd. Page 3 6-Feb-19
EXHIBIT D AGENDA ITEM #7. i)
Dan McHattie
Sales —Vehicle Integration
d.mchattietDkerrindustries.com Quote-l8-Jan-19
1.800.585.1774 1 c: 289 830 5504 1 f: 905 725 3302
DALLAS I CHICAGO I DETROIT I TORONTO
To: Ron Kahler
City Of Renton
From: Dan McHattie
Kerr Industries
RE: 2019 Chev Tahoe PPV Slick Top Units/2
The following are additional equipment options contained under
upfit part # KT-RENSLCK-19
#60-1056
— Whelen passenger side only inner edge. Mounted on Right Hand side of
mirror assembly.
— Whelen CenCom CCSRN3 siren controller with remote head mounted in
center console, includes connection to front gun lock and all emergency
lighting, one Whelen 100-watt siren speaker mounted behind front grille
with a Kerr specific mounting bracket to work in conjuction with the OE
adaptive shutter system.
— Whelen rear outer edge bar mounted on the bottom side of the rear
spoiler.
— Windsheild mounted 794H Opticom programmed to City of Renton traffic
code.
— Whelen ION split -color LEDs (RED/BLUE) mounted along lower edge or rear
side cargo windows (1 module on each side of vehicle)
— Setina #10VS horizontal sliding window partition with coated
polycarbonate upper section and airbag compatible wing panels, includes
recessed panel and lower extension panels
— Setina PB450 push bumper, with 4 integrated Whelen ION LEDs (two
forward -facing and one side -facing on each side, each RED/BLUE split).
— Setina TPO door panel covers, with steel vertical bar window barriers
— Single vertical weapon mount for AR, mounted on recess panel of partition.
Front gun lock to be controlled by Cencom controller.
Kerr Industries Ltd. Page 1 6-Feb-19
AGENDA ITEM #7. i)
— Rear gun lock to include 2 small Universal Handcuff style locks mounted
horizontally across top shelf face of cargo box. Includes hidden switch on
D-pillar behind Tri-power connection. (NOTE: requires cargo box)
— Gamber-Johnson centre console, with dual internal cupholder, Brother
armrest printer mount (NOTE: printer not included), 110V/USB/12V lighter
plug panel and LED map light. Includes filler panels and faceplates to
match equipment, Includes docking station for Panasonic Toughbook CF-
54.
— AEDEC prisoner transport seat with center -pull seatbelt system, includes
rear cargo barrier with polycarbonate upper window
— Streamlight flashlight charger, mounted on front Passenger side of console
— RED/WHITE LED dome light mounted on rear liftgate interior trim panel
with activation relay when hatch gate is open, includes integrated on/off
switch. (does not connect into OE dome light)
— Battery jumper connection, mounted on driver side of push bumper
— Tri-plug Aux power outlet assembly mounted on driver side rear D-pillar
and connected to rear power management system.
— Corner LED modules in headlamps (RED/BLUE split -color both driver and
passenger side) and tail lamps (RED driver side, BLUE passenger side with
integrated reverse light to maintain FMVSS compliance)
— Two single -color LED modules mounted on underside of rear liftgate (rear -
facing and visible only when liftgate is open), includes integrated relay to
activate lights only when gate is open, deactivation switch mounted on left
D-pillar.
— Running board mounted LED lamps. One lamp each mounted at each end
of both side running boards.
— Driver side spotlamp, with LED bulb
— Hidden door lock plungers installed on both rear doors to allow emergency
operation when power is lost.
Kerr Industries Ltd. Page 2 6-Feb-19
AGENDA ITEM #7, i)
— Installation of customer -supplied Coban in -car video system
— Motorola radio speaker, mounted on front of partition below sliding
window
— Two split -color (RED/BLUE) LED modules mounted on rear license plate
bracket
— AVS window shields, installed on all four doors w/ adhesive
— Setina rear storage system with open -top tray, sliding drawer (no lock) and
lower radio tray
— Install customer supplied radio/GPS/WiFi antenna mounted on roof, per
customer spec
— Custom wiring, includes front and rear power distribution system with two
100-amp fuse panels each containing 5 ignition, 5 battery and 3
independently programable timed circuits; and pre -wiring for radio. All
wires color coded and labeled
NOTE. must order SEO 6.13, 6.14, 6.17, UT7, 911.13 and 6C7
Cost per Vehicle = $21,557.00
10% WA State Sales Tax = 2,155.70
Total = $23,712.70
Price is quoted in US funds and is exclusive of any applicable taxes
All equipment supplied and installed by Kerr Industries has a 3-year/36,000 mile warranty
Please note:
• Pricing valid for 45 days.
• There is no provision for air bag delete.
• *There is no provision for replacement of customer -supplied parts should they be damaged or
defective, nor for the testing of such parts to ensure they are in working condition. All customer -
supplied parts are assumed to be in working condition and compatible for the vehicle specified.
Kerr is not responsible for additional costs and/or delays in vehicle delivery if replacement parts
are required.
• Dealer is responsible for transportation of vehicle to and from Kerr facility by ensuring correct
ship-thru code is applied to vehicle order. Note there may be a ship-thru and/or excess freight
charge associated with ordering a vehicle on ship-thru, please consult dealer ordering guide for
pricing. Kerr will not be responsible for charged related to transportation of vehicle from Kerr's
facility.
Kerr Industries Ltd. Page 3 6-Feb-19
AGENDA ITEM #7. i)
Kerr Industries is not responsible and assumes no liability for the specifications of the vehicle or
the factory options ordered by the dealer to meet those specifications. Please consult your GM
AutoBook for factory options and pricing for those options.
This is ONLY a quote and not an order confirmation. To apply these options to a vehicle please
provide Kerr with the factory order numbers and a Kerr order confirmation will be sent to you.
Vehicles will not be processed without a signed order confirmation.
Please contact us if you have any questions regarding this quote.
Thanks for the opportunity,
Dan
Kerr Industries Ltd. Page 4 6-Feb-19
EXHIBIT E AGENDA ITEM #7. i)
Dan McHattie
Sales —Vehicle Integration
Quote-18-Jan-19
d.mchattiegkerrindustries.com
1.800.585.1774 1 c: 289 830 5504 1 f: 905 725 3302
DALLAS I CHICAGO I DETROIT I TORONTO
To: Ron Kahler
City Of Renton
From: Dan McHattie
Kerr Industries
RE: 2019 Chev Tahoe PPV Un Marked Single Prisoner #60-1057
U n its/2
The following are additional equipment options contained under
upfit part # KT-RENSING-19
— Whelen passenger side only inner edge. Mounted on Right Hand side of
mirror assembly.
— Whelen CenCom CCSRN3 siren controller with remote head mounted in
center console, includes connection to front gun lock and all emergency
lighting, one Whelen 100-watt siren speaker mounted behind front grille
with a Kerr specific mounting bracket to work in conjuction with the OE
adaptive shutter system.
— Whelen rear outer edge bar mounted on the bottom side of the rear
spoiler.
— Windsheild mounted 794H Opticom programmed to City of Renton traffic
code.
— Whelen ION split -color LEDs (RED/BLUE) mounted along lower edge or rear
side cargo windows (1 module on each side of vehicle)
— Setina PB450 push bumper, with 4 integrated Whelen ION LEDs (two
forward -facing and one side -facing on each side, each RED/BLUE split).
— Setina TPO door panel covers, with steel vertical bar window barriers
— Single vertical weapon mount for AR, mounted on recess panel of partition.
Front gun lock to be controlled by Cencom controller.
— Rear gun lock to include 2 small Universal Handcuff style locks mounted
horizontally across top shelf face of cargo box. Includes hidden switch on
D-pillar behind Tri-power connection. (NOTE: requires cargo box)
Kerr Industries Ltd. Page 1 6-Feb-19
AGENDA ITEM #7. i)
Gamber-Johnson centre console, with dual internal cupholder, Brother
armrest printer mount (NOTE: printer not included), 110V/USB/12V lighter
plug panel and LED map light. Includes filler panels and faceplates to
match equipment, Includes docking station for Panasonic Toughbook CF-
54.
Setina lexan single prisoner transport, includes full Setina 12VS cargo
partition w/polycarbonate screen
Streamlight flashlight charger, mounted on front Passenger side of console
RED/WHITE LED dome light mounted on rear liftgate interior trim panel
with activation relay when hatch gate is open, includes integrated on/off
switch. (does not connect into OE dome light)
Battery jumper connection, mounted on driver side of push bumper
— Tri-plug Aux power outlet assembly mounted on driver side rear D-pillar
and connected to rear power management system.
— Corner LED modules in headlamps (RED/BLUE split -color both driver and
passenger side) and tail lamps (RED driver side, BLUE passenger side with
integrated reverse light to maintain FMVSS compliance)
— Two single -color LED modules mounted on underside of rear liftgate (rear -
facing and visible only when liftgate is open), includes integrated relay to
activate lights only when gate is open, deactivation switch mounted on left
D-pillar.
— Running board mounted LED lamps. One lamp each mounted at each end
of both side running boards.
— Driver side spotlamp, with LED bulb
— Hidden door lock plungers installed on both rear doors to allow emergency
operation when power is lost.
— Motorola radio speaker, mounted on front of partition below sliding
window
— Two split -color (RED/BLUE) LED modules mounted on rear license plate
bracket
— AVS window shields, installed on all four doors w/ adhesive
— Setina rear storage system with open -top tray, sliding drawer (no lock) and
lower radio tray
Kerr Industries Ltd. Page 2 6-Feb-19
AGENDA ITEM #7, i)
— Install customer supplied radio/GPS/WiFi antenna mounted on roof, per
customer spec
— Custom wiring, includes front and rear power distribution system with two
100-amp fuse panels each containing 5 ignition, 5 battery and 3
independently programable timed circuits; and pre -wiring for radio. All
wires color coded and labeled
NOTE. must order SEO 6.13, 6.14, 6.17, UT7, 9U3 and 6C7
Cost per Vehicle = $20,031.00
10% WA State Sales Tax = 2,003.10
Total = $22,034.10
Price is quoted in US funds and is exclusive of any applicable taxes
All equipment supplied and installed by Kerr Industries has a 3-year/36,000 mile warranty
Please note:
• Pricing valid for 45 days.
• There is no provision for air bag delete.
• *There is no provision for replacement of customer -supplied parts should they be damaged or
defective, nor for the testing of such parts to ensure they are in working condition. All customer -
supplied parts are assumed to be in working condition and compatible for the vehicle specified.
Kerr is not responsible for additional costs and/or delays in vehicle delivery if replacement parts
are required.
• Dealer is responsible for transportation of vehicle to and from Kerr facility by ensuring correct
ship-thru code is applied to vehicle order. Note there may be a ship-thru and/or excess freight
charge associated with ordering a vehicle on ship-thru, please consult dealer ordering guide for
pricing. Kerr will not be responsible for charged related to transportation of vehicle from Kerr's
facility.
• Kerr Industries is not responsible and assumes no liability for the specifications of the vehicle or
the factory options ordered by the dealer to meet those specifications. Please consult your GM
AutoBook for factory options and pricing for those options.
• This is ONLY a quote and not an order confirmation. To apply these options to a vehicle please
provide Kerr with the factory order numbers and a Kerr order confirmation will be sent to you.
Vehicles will not be processed without a signed order confirmation.
Please contact us if you have any questions regarding this quote.
Thanks for the opportunity,
Dan
Kerr Industries Ltd. Page 3 6-Feb-19
AGENDA ITEM #7. j)
AB - 2306
C[TY OF
-----wwwo�Renton uOo�"
SUBJECT/TITLE: GCB 2433 Design -Build Coordinator Agreement with the Washington
State Department of Transportation for the 1-405 Renton to Bellevue
Widening and Express Toll Lanes Project
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Transportation Systems Division
STAFF CONTACT: Jim Seitz, Transportation Systems Director
EXT.: 7245
The maximum amount payable by the Washington State Department of Transportation (WSDOT) to the City
under this agreement is $240,000. The City will use existing staff from the Transportation Division and
Development Services Division to perform the scope of work defined in the agreement. WSDOT will
reimburse the City for staff time related to the project. The work is estimated to be performed between April
2019 and December 2024.
This agreement will allow the City of be reimbursed for staff time needed to assist WSDOT and the design -
build contractor in delivering the 1-405 Renton to Bellevue Widening and Express Toll Lanes Project. WSDOT
intends to issue a notice to proceed for this design -build project in October 2019 and open the new facilities to
traffic by the end of 2024.
The main role of the City project coordinator funded by WSDOT is as follows:
1. Serve as liaison between WSDOT's 1-405 project engineer and City staff.
2. Represent the City at the project design and construction meetings.
3. Inform appropriate City staff of discussions and decisions made at project meetings.
4. Distribute agendas and meeting minutes prepared by WSDOT.
5. Circulate project submittals and ensure timely City review as defined in this agreement.
A. GCB 2433 Design -Build Coordinator Agreement
B. Resolution
Adopt the resolution and authorize the Mayor and City Clerk to execute the GCB 2433 Design -Build
Coordinator Agreement with WSDOT for the 1-405 Renton to Bellevue Widening and Express Toll Lanes
Project.
AGENDA ITEM #7. j)
GCB 2433
Coordinator Agreement
City of Renton
1-405 — Renton to Bellevue Widening and Express Toll Lanes Project
THIS Agreement (Agreement) is entered into by the City of Renton (CITY) and the Washington
State Department of Transportation (WSDOT), collectively referred to as the "Parties" and
individually referred to as "Party."
Recitals
1. WSDOT, in the interest of providing congestion relief in the 1-405 Corridor, proposes
improvements along 1-405 in a project known as the 1-405, Renton to Bellevue Widening
and Express Toll Lanes project (Project).
2. WSDOT will construct the Project using the design -build method of project delivery.
3. The design -build method of project delivery moves faster than in the typical design -bid -
build method of project delivery; therefore, expedited CITY review of the design elements
will be required.; and
4. The CITY does not have sufficient staff resources for the review and coordination of the
Project design elements within the expedited time frames of this Project without retaining
a CITY Project Coordinator.
5. The Parties deem it beneficial to have a CITY Project Coordinator to serve as a liaison for
the CITY to coordinate and expedite review of Project submittals.
6. WSDOT is committed to reimburse the CITY for costs that are directly related to services
rendered solely for the Project by a CITY Project Coordinator.
NOW, THEREFORE, pursuant to Revised Code of Washington (RCW) 39.34.080, which
authorizes a public agency to contract with another public agency to perform any governmental
service that each public agency is authorized to perform, and in consideration of the terms,
conditions, covenants, and performances contained herein,
IT IS MUTUALLY AGREED AS FOLLOWS:
1.0 DESIGNATED REPRESENTATIVES
1.1 The CITY Project Coordinator will serve as the CITY's Project liaison.
1.2 WSDOT's 1-405 Project Engineer will serve as the WSDOT's Project liaison.
2.0 GENERAL
2.1 WSDOT and the CITY agree that it is to the benefit of both Parties for WSDOT to fund the
temporary position of CITY Project Coordinator, in order to facilitate communication and
coordination between WSDOT and the CITY.
2.2 The individual serving in the capacity of CITY Project Coordinator shall be a Civil Engineer
I II or greater.
GCB 2433 City of Renton Project Coordinator Page 1 of 6
AGENDA ITEM #7. j)
2.3 The CITY shall consult with WSDOT on its choice of the individual chosen to serve as the
CITY Project Coordinator. WSDOT shall have the authority to reject the individual the
CITY has chosen to fill the CITY Project Coordinator position.
2.4 The CITY may not replace the individual serving in the capacity of CITY Project
Coordinator without first receiving the written authorization of WSDOT.
2.5 The CITY Project Coordinator shall consult with WSDOT's 1-405 Project Engineer, on a
basis to be mutually agreed upon by WSDOT's 1-405 Project Engineer and the CITY, for
the purpose of Project activity and priority direction.
2.6 WSDOT shall only fund those hours worked by the CITY Project Coordinator for activities
directly related to the Project. All other hours not directly related to the Project worked by
the person serving as CITY Project Coordinator shall be paid by the CITY.
2.7 The Parties agree that WSDOT shall pay an all-inclusive flat -rate for work by the CITY
Project Coordinator, as outlined in Section 7.0.
2.8 The CITY may require the CITY Project Coordinator to work in excess of forty (40) hours
per week. Even if the CITY Project Coordinator works more than forty (40) hours per week
on Project -related activities, the CITY shall bill WSDOT, to the nearest fifteen (15) minute
increment, at the agreed upon all-inclusive flat -rate outlined in Section 7.0.
2.9 In the event the CITY Project Coordinator is absent, the CITY will assign a designee to
act in the stead of the CITY Project Coordinator. The designee shall also be subject to
the terms and conditions of Section 2.2. The CITY's designee acting on behalf of the CITY
Project Coordinator shall serve no more than ten (10) consecutive business days without
WSDOT approval. If the CITY Project Coordinator is absent for more than ten (10)
consecutive business days, the CITY shall name a replacement, temporary or otherwise,
subject to the terms and conditions outlined in Sections 2.2, 2.3, and 2.4.
2.10 If WSDOT is unable to resolve to its satisfaction a dispute regarding the CITY Project
Coordinator, upon following the dispute resolution process specified in Section 8.0, the
WSDOT shall have the authority to request a replacement to fill the CITY Project
Coordinator position.
2.10.1 WSDOT's written request for replacement shall be submitted to the CITY, and
the CITY shall have thirty (30) calendar days to comply. The CITY shall name a
replacement CITY Project Coordinator subject to the terms and conditions
outlined in Sections 2.2 and 2.3.
2.10.2 In the event that the CITY does not comply within thirty (30) calendar days, this
Agreement shall be considered terminated and the Parties will be released from
any further obligations under this Agreement.
3.0 CITY RESPONSIBILITIES
3.1 The CITY agrees to pay the CITY Project Coordinator and administer all employee
benefits in accordance with the CITY's employment policies.
GCB 2433 City of Renton Project Coordinator Page 2 of 6
AGENDA ITEM #7. j)
3.2 The CITY agrees that the CITY Project Coordinator shall be required to submit a monthly
activity report to the WSDOT of actual hours worked performing the tasks listed in Section
5.0. The activity report shall include an accounting of specific activities performed to
accomplish the tasks listed in Section 5. The activity report shall be submitted to the
WSDOT by the fifteenth (15) day of the month following any month in which the CITY
Project Coordinator had at least fifteen (15) minutes of work to report. WSDOT will review
the hours worked and, if accurate, will approve reimbursement to the CITY at the mutually
agreed upon rate identified in Section 7.1.
3.3 The CITY Project Coordinator will be responsible for facilitating all Project -related
communication between WSDOT and CITY staff as well as expediting CITY review of all
Project -related submittals. This coordination of efforts with WSDOT will take place
through WSDOT's 1-405 Project Engineer.
4.0 WSDOT RESPONSIBILITIES
4.1 WSDOT's 1-405 Project Engineer, or designee, will be responsible for facilitating all
Project -related communication between the CITY Project Coordinator and WSDOT staff
as well as providing Project -related submittals to the CITY Project Coordinator. This
coordination of efforts with the CITY will take place through the CITY Project Coordinator.
5.0 SCOPE OF WORK
5.1 The CITY Project Coordinator shall serve as a liaison between WSDOT's 1-405 Project
Engineer and CITY staff.
5.2 The CITY Project Coordinator shall represent the CITY in design -build task force meetings
and ongoing informal reviews during the design and construction of the Project, which is
estimated to be between April 2019 and December 2024. The CITY Project Coordinator
shall be responsible for informing the appropriate CITY staff of discussions and decisions
made at task force meetings and distributing agendas and meeting minutes prepared by
WSDOT.
5.3 The CITY Project Coordinator shall circulate Project submittals to appropriate CITY staff
and ensure timely CITY review. The CITY Project Coordinator shall be responsible for
expediting those reviews, with the goal of limiting the CITY's Project submittal review
period to the specific timeframes and conditions agreed upon in Section 3.0 of GCB 2476.
6.0 SUPERVISION AND INDEPENDENT CAPACITY
6.1 The CITY Project Coordinator engaged in the performance of this Agreement shall
continue to be an employee of the CITY and shall not be considered, for any purpose, to
be an employee of WSDOT.
6.2 The CITY shall be responsible for the supervision of the CITY Project Coordinator
7.0 PAYMENT
7.1 WSDOT, in consideration of the faithful performance of work to be done by the CITY
Project Coordinator or authorized designee, agrees to pay the CITY an all-inclusive flat -
rate of Eighty Dollars ($80) per hour, which includes all costs and benefits outlined in
Sections 7.2 and 7.3, for a Civil Engineer III or higher. The all-inclusive flat -rate shall be
billed, to the nearest fifteen (15) minute increment, for all hours worked in order to perform
the specific tasks listed in Section 5.0. The Eighty Dollars ($80) per hour all-inclusive flat -
rate shall serve as full compensation to the CITY for each hour of work performed by the
GCB 2433 City of Renton Project Coordinator Page 3 of 6
AGENDA ITEM #7. j)
CITY Project Coordinator, up to a maximum of three thousand (3000) hours. The hours
may be adjusted or increased based on the contract duration and as mutually agreed by
both Parties. 7.4 shall be amended accordingly by adjustment to 7.1
7.2 The Parties agree that the all-inclusive flat -rate shall be considered to include, but not be
limited to, all costs associated with administrative costs, travel expenses, overtime, as well
as medical insurance, retirement contributions, sick leave and vacation, and labor and
industry payments. The CITY shall bear all actual costs of employing the CITY Project
Coordinator that may be higher than the rate identified in Section 7.1.
7.3 The Parties agree that the all-inclusive flat -rate shall be considered to include all direct or
indirect costs for materials and supplies necessary for performance of the
position. Additionally, the all-inclusive flat -rate shall be considered to include, but not be
limited to, auto and travel expenses, lodging, use of computer equipment, office space
rental and utilities, office supplies, copy machines, or any other material costs. All costs
necessary for performance of the position that may exceed the all-inclusive flat -rate shall
be borne solely by the CITY.
7.4 The maximum amount payable by WSDOT to the CITY under this Agreement is Two
Hundred Forty Thousand Dollars ($240,000).
7.5 The CITY agrees to submit, not more than once a month, a billing to WSDOT summarizing
the hours worked each day by the CITY Project Coordinator. The monthly activity report
listed in Section 3.2 of this Agreement shall be submitted as an attachment to the monthly
billing.
7.6 Upon receipt of the monthly billing and the accompanying activity report, and upon
WSDOT concurrence of the hours worked, the WSDOT agrees to reimburse the CITY
within thirty (30) calendar days of receipt of an approved invoice.
8.0 DISPUTE RESOLUTION
8.1 In the event that issues arise regarding the CITY Project Coordinator that are not
addressed in this Agreement, the Parties agree to work quickly and collaboratively to
determine a resolution using the following guidelines.
8.1.1 Informal Resolution. The informal resolution process begins at the staff level and
is raised to higher organizational levels, if necessary. The levels of resolution are
described below.
8.1.1.1 The CITY's Project Coordinator and the WSDOT's 1-405 Project Engineer
shall jointly cooperate to informally resolve any dispute as quickly and
efficiently as possible.
8.1.1.2If unresolved, the CITY's Deputy Public Works Administrator and the
WSDOT's 1-405 Construction Manager shall jointly cooperate to informally
resolve any dispute as quickly and efficiently as possible.
8.1.2 Written Notice. If the dispute cannot be resolved at any of the levels described
above, the CITY's Public Works Administrator and the WSDOT's 1-405 Project
Director shall notify each other in writing of any dispute needing resolution.
GCB 2433 City of Renton Project Coordinator Page 4 of 6
AGENDA ITEM #7. j)
8.2 Each Party agrees to compromise to the fullest extent possible in resolving the dispute in
order to avoid delays and minimize costs.
9.0 INDEMNIFICATION
9.1 The Parties shall protect, defend, indemnify, and hold harmless each other and their
employees, authorized agents, and/or contractors while acting within the scope of their
employment as such, from any and all costs, claims, judgments, and/or awards of
damages (both to persons and/or property), arising out of, or in any way resulting from,
each Party's obligations to be performed pursuant to the provisions of this Agreement.
The Parties shall not be required to indemnify, defend, or hold harmless the other Party if
the claim, suit, or action for injuries, death, or damages (both to persons and/or property)
is caused by the negligence of the other Party; provided that, if such claims, suits, or
actions result from the concurrent negligence of (a) WSDOT, its employees, authorized
agents, or contractors and (b) the CITY, its employees or authorized agents, or involves
those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall
be valid and enforceable only to the extent of the negligence of each Party, its employees,
authorized agents, and/or contractors.
9.2 WSDOT and the CITY agree that their obligations under this Section extend to any claim,
demand, and/or cause of action brought by, or on behalf of, any of its employees or agents.
For this purpose, the Parties, by mutual negotiation, hereby waive, with respect to the
other Party only, any immunity that would otherwise be available against such claims
under the Industrial Insurance provisions of Title 51 RCW.
9.3 This indemnification and waiver shall survive the termination of this Agreement.
10.0 AMENDMENT
10.1 This Agreement may be amended or modified only by mutual agreement of the Parties.
Such amendments or modifications shall not be binding unless they are in writing and
signed by persons authorized to bind each of the Parties.
10.2 Either Party may request modifications to this Agreement. Such modifications shall be
mutually agreed upon by written amendments and/or supplements to this Agreement. No
variation or alteration of the terms of this Agreement shall be valid unless made in writing
and signed by authorized representatives of the Parties hereto.
11.0 ALL WRITINGS CONTAINED HEREIN
11.1 This Agreement contains all the terms and conditions agreed upon by the Parties to this
Agreement. No other understanding, oral or otherwise, regarding the subject matter of
this Agreement shall be deemed to exist or to bind any of the Parties hereto.
12.0 GOVERNANCE
12.1 This Agreement is entered into pursuant to, and under the authority granted by, the laws
of the State of Washington and applicable federal laws. The provisions of this Agreement
shall be construed to conform to those laws.
13.0 EFFECTIVENESS AND DURATION
13.1 This Agreement is effective upon execution by both Parties and will remain in effect until
completion of the Project construction contract, or until GCB 2476, Renton Design -Build
Cooperative agreement, is terminated pursuant to the termination clauses of that
agreement, whichever occurs earlier.
GCB 2433 City of Renton Project Coordinator Page 5 of 6
AGENDA ITEM #7, j)
14.0 SEVERABIL17Y
14.1 If any provision of this Agreement, or any provision of any document incorporated by
reference, shall be held invalid, such invalidity shall not affect the other provisions of this
Agreement that can be given effect without the invalid provision, if such remainder
conforms to the requirements of applicable law and the fundamental purpose of this
Agreement, and to this end the provisions of this Agreement are declared to be severable.
15.0 TERMINATION
15.1 This Agreement may be terminated by either Party upon thirty (30) calendar days
advanced written notice to the other Party. WSDOT shall be responsible for reimbursing
the CITY for all hours worked by the CITY Project Coordinator under the terms of this
Agreement prior to the date of termination. WSDOT shall not be responsible for
reimbursing the CITY for any hours worked by the CITY Project Coordinator after the date
of termination of this Agreement, even if that work is directly related to the Project.
16.0 VENUE
16.1 In the event that either Party deems it necessary to institute legal action or proceedings to
enforce any right or obligation under this Agreement, the Parties hereto agree that any
such action or proceeding shall be brought in the superior court situated in Thurston
County, Washington. It is further agreed that each Party shall be solely responsible for its
own costs and attorneys fees.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the latest written
date below:
City of Renton
Washington State
Department of Transportation
Signature:
Signature:
Printed: Denis Law
Printed: Kim Henry
Title: Mayor
Title: 1-405/SR 167 Program Administrator
Date:
Date:
Approved as to Form
City of Renton
Approved as to Form
Washington State
De air e of T s ortation
Signature:
Sign ur .
Printed:
nto: L. Scott Lockwood
Title: City Attorney
itle: ssistant Attorne General
Date:
Date: 111&20lq
Attest:
Signature:
Printed: Jason Seth, City Clerk
Date:
GCB 2433 City of Renton Project Coordinator Page 6 of 6
AGENDA ITEM #7. j)
RESOLUTION NO.
EXHIBIT "A"
GCB 2433
DESIGN -BUILD COORDINATOR AGREEMENT
CITY OF RENTON
1-405 - RENTON TO BELLEVUE WIDENING AND EXPRESS TOLL
LANES PROJECT
AGENDA ITEM #7. j)
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH
STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION ("WSDOT")
ENTITLED "GCB 2433 DESIGN -BUILD COORDINATOR AGREEMENT CITY OF
RENTON 1-405 — RENTON TO BELLEVUE WIDENING AND EXPRESS TOLL LANES
PROJECT."
WHEREAS, the City and WSDOT are authorized, pursuant to RCW Chapter 39.34, the
Interlocal Cooperation Act, to enter into an interlocal government cooperative agreement; and
WHEREAS, WSDOT, in the interest of providing congestion relief in the 1-405
Corridor, proposes improvements along 1-405 in a project known as the 1-405, Renton to Bellevue
Widening and Express Toll Lanes project ("Project"); and
WHEREAS, WSDOT will construct the Project using the design -build method of project
delivery; and
WHEREAS, the design -build method of project delivery moves faster than in the typical
design -bid -build method of project delivery; therefore, expedited City review of the design
elements will be required; and
WHEREAS, the City does not have sufficient staff resources for the review and
coordination of the Project design elements within the expedited time frames of this Project
without retaining a City project coordinator; and
WHEREAS, the City and WSDOT deem it beneficial to have a City project coordinator to
serve as a liaison for the City to coordinate and expedite review of Project submittals; and
1
AGENDA ITEM #7. j)
RESOLUTION NO.
WHEREAS, WSDOT is committed to reimburse the City for costs that are directly related
to services rendered solely for the Project by a City project coordinator; and
WHEREAS, the City and WSDOT intend on simultaneously entering into an interlocal
agreement to define their respective roles related to the design and construction of the project;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The Mayor and City Clerk are hereby authorized to enter into an interlocal
agreement with WSDOT entitled "GCB 2433 Design -Build Coordinator Agreement City of Renton
1-405 — Renton to Bellevue Widening and Express Toll Lanes Project," attached hereto as Exhibit
"A" and incorporated by this reference.
PASSED BY THE CITY COUNCIL this day of , 2019.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2019.
Approved as to form:
Shane Moloney, City Attorney
RES:1796:1/2/19:scr
Denis Law, Mayor
2
AGENDA ITEM #7. k)
AB - 2307
C[TY OF
-----wwwo�Renton uOo�"
SUBJECT/TITLE: GCB 2476 Design -Build Cooperative Agreement with the Washington
State Department of Transportation for Design and Construction of
the 1-405 Renton to Bellevue Widening and Express Toll Lanes Project
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Transportation Systems Division
STAFF CONTACT: Jim Seitz, Transportation Systems Director
EXT.: 7245
There is not a direct fiscal impact in this agreement, however the Washington State Department of
Transportation (WSDOT) will provide funding for a City project coordinator as part of a separate agreement
(GCB 2433) which is being submitted for Council approval parallel with this agreement.
This agreement defines the roles and responsibilities of the City and WSDOT as related to the design and
construction of the project. WSDOT intends to issue a notice to proceed for this design -build project in
October 2019 and open the new facilities to traffic by the end of 2024.
The main role of the City is to provide a City project coordinator which will be funded by WSDOT under a
separate agreement GCB 2433. The project coordinator will be responsible for facilitating all project related
communication between WSDOT and City staff as well as City review of all project related submittals.
The major roles and responsibilities for WSDOT other than to enter into a contractual agreement with a
design -build contractor for design and construction of the project is as follows:
1. Make presentations to the City regarding project progress as requested.
2. Provide funding for the City project coordinator for the length of the project.
3. Develop a public information plan that assures project information is available to the public.
4. Reimburse the City for appropriate inspection costs.
5. Adhere to the City's policies, standards, permitting and development regulations where applicable.
6. Provide 72-hour advance notice to the City of any temporary lane closures or detours.
7. Prohibit ramp and lane closures or restrictions during City events such as Renton River Days.
A. GCB 2476 Cooperative Agreement
B. Resolution
Adopt the resolution and authorize the Mayor and City Clerk to execute GCB 2476 Design -Build Cooperative
Agreement with WSDOT for design and construction of the 1-405 Renton to Bellevue Widening and Toll Lanes
Project.
AGENDA ITEM #7. k)
GCB 2476
Design -Build Cooperative Agreement
Responsibilities Regarding Design and Construction
1-405 — Renton to Bellevue Widening and Express Toll Lanes Project
This Agreement (Agreement) is entered into between the City of Renton (CITY) and the
Washington State Department of Transportation (WSDOT), collectively referred to as the "Parties"
and individually referred to as "Party."
Recitals
WSDOT, in the interest of providing congestion relief in the 1-405 corridor, proposes
improvements to 1-405 and city streets in the 1-405 — Renton to Bellevue Widening and
Express Toll Lanes Project (Project) as described in Exhibit A.
2. The proposed Project will require WSDOT to perform certain work on the CITY's facilities
as described in Exhibit B.
3. The proposed Project will require WSDOT to relocate impacted WSDOT-owned fire
hydrants within the WSDOT limited access right of way that connect to the CITY water
system and are utilized by the Renton Regional Fire Authority and/or other fire authorities.
4. WSDOT will construct the Project using the design -build method of project delivery.
5. The design -build method of project delivery moves faster than in the typical design -bid -
build method of project delivery; therefore, expedited CITY review of the design elements
will be required.
The Parties recognize the importance of timeliness in reviews, avoidance of delays, and
minimizing costs for the Project, as well as the mutual benefit provided in shortening plan
and proposal review times.
7. WSDOT issued a Request for Proposals for the Project on January 7, 2019, and intends
to issue a Notice to Proceed for the Project in October 2019, and open the new facilities
to traffic by the end of 2024.
8. The Parties desire this Agreement to define their roles and responsibilities related to
design and construction of the Project.
NOW, THEREFORE, by virtue of Revised Code of Washington (RCW) 47.28.140 and
RCW 39.34.080 and in consideration of the terms, conditions, and performances contained
herein, and the attached Exhibits A, B, C, D, E, and F, which are incorporated and made a part
hereof,
IT IS MUTUALLY AGREED AS FOLLOWS:
1.0 GENERAL
1.1 WSDOT will construct the Project in accordance with Exhibits A, B, C, D, E, and F.
GCB 2476 Page 1 of 11
AGENDA ITEM #7. k)
2.0 ROLES
2.1 WSDOT will enter into a contractual agreement with a design -build contractor (Design -
Builder) for design and construction of the Project.
2.2 WSDOT will coordinate partnering sessions that will include representatives from
WSDOT, CITY, and WSDOT's Design -Builder to review coordination processes and
performance of this Agreement. Either Party may request a partnering session.
2.3 WSDOT shall track and respond to all CITY communication requests in a timely manner,
not to exceed thirty (30) calendar days, unless otherwise mutually agreed to by the Parties.
2.4 The CITY Project Coordinator will be responsible for facilitating all Project -related
communication between WSDOT and CITY staff, except the coordination defined in
section 9.0 of this Agreement, as well as CITY review of all Project -related submittals. All
the CITY Project Coordinator coordination efforts with WSDOT will take place through
WSDOT's 1-405 Project Engineer or designee.
2.5 Project -related communication, to include all Project -related submittals, between the
Parties shall be exclusively communicated between the CITY Project Coordinator and
WSDOT's 1-405 Project Engineer.
2.6 WSDOT agrees to make presentations to the CITY if requested to do so by the CITY.
2.7 WSDOT agrees to provide Project updates to CITY staff on a monthly basis. These
updates will include the Project's milestones.
2.8 WSDOT will develop a Public Information Plan that ensures Project information is made
available to the public. In addition, the CITY and WSDOT will continue coordinating
outreach to the business community.
2.9 The Parties agree to fund and be fully responsible for their own respective costs
associated with staff time necessary to fulfill their roles and responsibilities as identified in
this Agreement, except in the following cases:
2.9.1 WSDOT will contribute funding for a CITY Project Coordinator for the length of the
Project.
2.9.2 The CITY Project Coordinator will serve as the CITY's liaison beginning with Notice
to Proceed to WSDOT's Design -Builder and will be responsible for expediting CITY
review of Project submittals.
2.9.3 WSDOT shall only fund those hours worked by the CITY Project Coordinator for
coordination activities associated with the Project.
2.9.4 The Parties will enter into a separate agreement, GCB 2433, outlining the details
related to the Scope of Work and reimbursement for the CITY Project Coordinator,
2.9.5 WSDOT shall reimburse the CITY for appropriate inspection costs, as described
in Section 10.2, below.
GCB 2476 Page 2 of 11
AGENDA ITEM #7. k)
3.0 CITY REVIEW AND COMMENT ON PROJECT ELEMENTS
3.1 WSDOT will provide the CITY with three (3) hard copies and an electronic copy of the
preliminary and final design submittals formatted to printing and plotting to scale, as
submitted by the Design -Builder in accordance with the Project's Request for Proposals
(RFP). The CITY shall review these design submittals and comment on Project elements
that (a) require a CITY permit pursuant to the Renton Municipal Code (RMC); (b) will be
owned, maintained, or operated by the CITY; (c) will be located within CITY -owned
property or right-of-way; or (d) will be integrated with or connected to CITY utilities
(collectively hereinafter referred to as "Project Elements"). Each design submittal,
including final design, shall consider the CITY's previous review comments to address and
incorporate changes as appropriate.
3.1.1 Project Elements include, but are not limited to, design of CITY streets and other
associated CITY roadway elements, landscaping, irrigation, sidewalks, bike
facilities, trail connections and associated amenities, stormwater, water and sewer
utilities, streetlights along CITY roadways, CITY street and trail detour routes,
noise variance requests within the CITY limits and right of way permits within the
CITY limits.
3.1.2 Designs shall be submitted to the CITY for review.
3.1.3 WSDOT agrees that its design and construction of Project Elements shall conform
to conditions of the WSDOT Environmental Assessment, applicable CITY policies,
CITY's Municipal Storm Water permits, CITY's Trails and Bicycle Master Plan,
design standards, standard plans, comprehensive utilities system plans,
development regulations, and other applicable requirements of the RMC (except
the approved street modification identified in Exhibit E). The CITY's review and
comment will be limited to such requirements.
3.1.4 CITY may require the Design -Builder to apply for an Authorization of Special Billing
as part of the Civil Construction permit. The Special Billing covers the CITY
inspector's overtime hours for working outside of 7:00 AM to 3:30 PM based on
the Design -Builder's work schedule for constructing Project Elements.
3.2 WSDOT will provide the CITY with three (3) hard copies and an electronic copy formatted
to printing and plotting to scale, of the Release for Construction (RFC) documents for CITY
use in confirming that all of the CITY's comments on the final design submittals have been
addressed. The CITY may submit written comments concerning the RFC documents to
WSDOT within the timeframe given in Section 3.6, below.
3.3 WSDOT will review all submittals from its Design -Builder for completeness with contract
requirements prior to forwarding them to the CITY's Project Coordinator for review.
3.4 WSDOT will provide the CITY with its review comments on Project Elements included in
the Design -Builder's plans.
3.5 WSDOT will work with its Design -Builder to give the CITY as much advance notice of
upcoming and planned submittals as possible. WSDOT will have the Design -Builder
submit a forty-five (45) calendar day schedule of upcoming submittals to the CITY.
GCB 2476 Page 3 of 11
AGENDA ITEM #7. k)
3.6 The CITY will review and return preliminary construction, final construction and all right-
of-way design submittals to WSDOT within fourteen (14) calendar days of request for
review. All other required permit submittals shall be reviewed as required by the RMC.
3.6.1 In the case of infrequent circumstances, such as CITY emergencies and extreme
and unusual weather conditions affecting the CITY's ability to perform normal
functions, or receipt of project submittals of unusual volume, complexity, or
unexpected or controversial content, the Parties recognize the challenge the CITY
may have to review and return submittals within the allotted review period. In those
instances, the Parties may mutually agree to additional review days.
3.6.2 The Parties agree that additional review days may be allowed if there is no created
delay or cost increase to the Project. In these cases, the CITY will be responsible
for requesting approval from WSDOT within the allotted review period and
articulating the cause for delay and specific additional calendar day(s) needed for
the review.
3.6.2.1 WSDOT will review the extended period request for consequences to
the design -build contract requirements, schedule, and cost.
3.6.2.2 WSDOT will approve extensions if there is no risk created to the design -
build contract.
3.6.2.3 If WSDOT is unable to approve additional review day(s), WSDOT, at
WSDOT's sole discretion, may proceed with the design -build contract
without the CITY's review comments so as to prevent any delays to the
Project due to the CITY's reviews.
3.6.2.4 If WSDOT proceeds without the CITY's review comments, WSDOT
shall ensure compliance with applicable design standards and plans as
set forth in Section 3.1.3 and Section 4.
4.0 DESIGN OF ELEMENTS WITHIN CITY JURISDICTION
4.1 All plans for the Project will follow WSDOT's Plans Preparation Manual. All facilities within
the 1-405 limited access will use WSDOT design standards, except that the RMC and the
CITY's latest design standards, Specifications, and Standard Plans (City Standards) as of
the Project's RFP issue date will apply to plans for the Project Elements. The City
Standards (City of Renton Standard Details dated January 7, 2019) are hereby
incorporated into this Agreement by this reference. A copy of these provisions are
available from the CITY upon request by WSDOT.
4.2 The design and construction standards of all WSDOT facilities within the CITY's Aquafer
Protection Areas (APA), especially within Zone 1 of the APA, must comply with applicable
sections of the RMC or as approved by the APA RMC modification and conditions
contained in the City of Renton Letter dated October 4, 2018, and the proposed Mitigation
Commitments in the Finding of No Significant Impact (FONSI).
4.3 The Parties agree that the aesthetic treatments of the 1-405 Master Plan compatible
elements listed in Sections 4.3 through 4.6 will conform to the guidelines described in the
Interstate-405 Urban Design Criteria, July 2018 (UDC), incorporated into this Agreement
by this reference.
GCB 2476 Page 4 of 11
AGENDA ITEM #7. k)
4.4 The Parties agree to the design of elements that are within the CITY's jurisdiction as
follows:
4.4.1 A CITY street pavement section shall be in accordance with RFP 2.7.3.1.1, Local
Agency Pavement, per the RMC.
4.4.2 CITY sidewalks that will be maintained by the CITY will incorporate standard
finishes required by the RMC at the time of the Project's RFP issue date, except
where the RMC is in conflict with the UDC in which case, the UDC shall take
precedence.
4.5 Treatment of retaining walls constructed by the Project will be finished as outlined in the
1-405 Renton to Bellevue Urban Design Criteria, incorporated into this Agreement by this
reference.
4.6 Noise walls constructed by the Project will be finished with the ashlar stone block pattern
treatment on the neighborhood side and the standard fractured fin treatment on the 1-405
corridor side, as described in the UDC.
4.7 If WSDOT's Design -Builder proposes a design change within the Project area or to an
existing CITY facility (such as a CITY street, sidewalk, bike, landscaping, irrigation,
conduits, pavement makings, signage, trail, streetlight, traffic signal, or utility), WSDOT
agrees to present the change to the CITY for review, discussion, and approval.
4.7.1 WSDOT will provide the CITY with plans of any changes to the CITY facilities for
review.
4.7.2 These reviews will be conducted in accordance with Section 3.0 of this Agreement.
4.8 If the CITY proposes a change to an existing CITY facility within the Project limits, the
CITY shall request a meeting through WSDOT's 1-405 Project Engineer.
4.8.1 The Parties agree to meet in a cooperative spirit to review and discuss the
proposed change.
4.8.2 If WSDOT determines the proposed change to be feasible and appropriate, the
Parties shall negotiate the responsibilities for payment of costs associated with the
requested change based on the benefits of the proposed change to each Party.
4.8.3 If the Parties can mutually agree on the proposed change and payment
responsibilities, WSDOT will implement the change.
4.8.4 The consideration of potential schedule delays, which may result in additional
costs, shall be of paramount importance to both Parties.
5.0 PROJECT ELEMENTS
5.1 Any protection, improvement, deactivation, or relocation of Project Elements outside and
inside of WSDOT right-of-way, required by the construction of the Project, will be covered
under separate agreements between the CITY and WSDOT.
GCB 2476 Page 5 of 11
AGENDA ITEM #7. k)
6.0 STATE OWNED FIRE HYDRANTS
6.1 All WSDOT-owned fire hydrants along the 1-405 corridor that are affected by the Project
will be relocated and replaced with new fire hydrants within WSDOT right of way. All
hydrants and water supply lines to the hydrants owned by WSDOT from a connection by
a valve to the CITY water system shall be maintained by WSDOT. WSDOT shall flush the
hydrants periodically, at least once a year and provide reports to the CITY. The CITY will
not require the installation of new backflow prevention assemblies on the water supply line
to the hydrants if the hydrants are properly maintained, flushed at least yearly and are
repaired when needed by WSDOT.
6.2 The Parties agree that this provision shall remain in effect after the termination date of this
Agreement or until such time that it is memorialized in a subsequent operations and
maintenance agreement.
7.0 STORM DRAINAGE
7.1 WSDOT, working with its Design -Builder, shall provide a Hydraulic Report that will include
hydrologic/hydraulic analysis of water quality/detention facilities and conveyance systems
that convey runoff through the Project site and discharge to downstream systems,
streams, wetlands, and rivers. The downstream analysis will be required to determine if
the Project will increase flows to the existing CITY storm drainage conveyance system
and if the Project will result in an increase in downstream flooding.
7.1.1 Stormwater drainage facilities constructed as part of this Project (Stormwater
Facilities) will meet WSDOT flow control and runoff treatment requirements. These
requirements are deemed to be equivalent to the CITY stormwater design
standards and will protect against the degradation of downstream flooding and
water quality conditions.
7.1.2 In addition to WSDOT flow control requirements, the design shall verify that
detention facilities will not increase the existing two (2), ten (10), and one hundred
(100) year storm event peak flow rate downstream of the Project. This will be
documented in the Hydraulic Report discussed in Section7.1.
7.2 Permanent flow control and runoff treatment facilities required by the Project shall be
located within the WSDOT limited access right of way, shall only collect and treat runoff
from WSDOT's roadway, and shall be designed in accordance with the Highway Runoff
Manual.
7.3 Stormwater Facilities constructed within CITY right of way shall follow the CITY 2017
Surface Water Design Manual, RMC 4-6-030 Drainage (Surface Water) Standard, and
Surface Water Standard Details and Notes.
7.4 WSDOT, working with its Design -Builder, will assure that Stormwater Facilities that
introduce new open water areas within ten thousand (10,000) feet of the Renton Municipal
Airport are designed according to Federal Aviation Administration (FAA) Advisory Circular
150/5200-33, and grading of the Stormwater Facilities shall be coordinated with the United
States Department of Agriculture and FAA.
7.5 Project documentation that demonstrates compliance with Sections 7.1 through 7.4 shall
be submitted in sufficient time to allow the CITY a maximum of fourteen (14) calendar
days to review and provide comments.
GCB 2476 Page 6 of 11
AGENDA ITEM #7. k)
7.6 WSDOT shall be responsible for maintenance of all Stormwater Facilities within the limited
access right of way, as well as any Stormwater Facility that connects to a CITY storm
structure outside of the limited access right of way.
7.7 Stormwater Facility structures and the limits of each Party's maintenance responsibility for
those structures are shown on Exhibit F. A final version of Exhibit F shall be provided to
the CITY to reflect any final design changes made by the Design -Builder.
7.8 The Parties maintenance responsibilities in Sections 7.6 and 7.7 shall continue in effect
after the termination date of this Agreement.
8.0 TRAFFIC SIGNALS & LIGHTING
8.1 Existing traffic signals will remain operational throughout the duration of the Project, either
with permanent or temporary traffic signals, except intersections that are closed. A
temporary vehicle detection system should be installed prior to removing or damaging the
existing loop detection.
8.2 Existing lighting on CITY streets will remain operational throughout the duration of the
Project.
8.3 Proposals by WSDOT's Design -Builder for the use and requirement of temporary
illumination on CITY streets will be evaluated during construction by the CITY to determine
acceptability.
9.0 TRAFFIC CONTROL AND DETOUR PLAN APPROVAL PROCESS ON CITY STREETS
9.1 WSDOT, working with its Design -Builder, shall submit proposed road and trail closures,
detours, and traffic control plans involving and/or impacting CITY streets, as determined
by the CITY, to the CITY's Community and Economic Development Department for
approval at least three (3) weeks prior to proposed closures. The CITY shall review each
submittal and return it to WSDOT within fourteen (14) calendar days after receipt,
indicating either "approved," "approved with comments," or "not approved, Design -Builder
to revise and resubmit." The Design -Builder shall notify Renton Police, Renton Regional
Fire Authority, and CITY Transportation Operations in writing at least seventy-two (72)
hours in advanced of any temporary lane closures or detours.
9.2 Unless otherwise approved by the CITY, WSDOT shall prohibit its Design -Builder from
closing any ramp, any lane of a CITY street, or any lane of the 1-405 corridor that requires
traffic control measures on a CITY street between the hours of 7:00 AM and 10:00 PM
during Renton River Days, July 4'h, Seafair, Cruz the Loop, Seahawk 12k run, and
between the third Thursday in November and the second day in January.
9.3 Arterial street closures shall be per the traffic control plans approved by the CITY.
9.4 WSDOT shall notify the CITY via CITY Transportation Maintenance Manager at (425) 430-
7400 at least seventy-two (72) hours prior to any 1-405 corridor lane closures that will
impact CITY streets.
9.5 Closures of local roads for over twelve (12) hours in duration, subject to the time
restrictions in Section 9.2, shall be submitted to the CITY Community and Economic
GCB 2476 Page 7 of 11
AGENDA ITEM #7. k)
Development Department at least eight (8) weeks prior to proposed closures, and require
approval by the City Council.
9.6 Closures of local roads less than twelve (12) hours in duration shall be submitted to the
CITY Community and Economic Development Department at least fourteen (14) calendar
days prior to proposed closures, for written approval from the CITY Community and
Economic Development Department.
10.0 WORK WITHIN CITY RIGHT OF WAY OR IN AREAS TO BE TURNED BACK TO THE
CITY
10.1 WSDOT will notify the CITY fourteen (14) calendar days in advance of any work within the
CITY right of way.
10.2 Although WSDOT is administering the design -build contract and inspection services are
included in the contract, the CITY may provide an inspector to ensure proper compliance
with CITY requirements for Project Elements.
10.2.1 The CITY inspector shall advise the 1-405 Project Engineer of any non-compliance
issues within five (5) calendar days.
10.2.2 The CITY inspector shall communicate with WSDOT's Design -Builder through
WSDOT's 1-405 Project Engineer and will follow WSDOT's Design -Builder
protocols when visiting the Project site.
10.2.3 WSDOT and/or its Design -Builder shall be responsible for all such inspection costs
which are included in the permit fees described in Section 12.1, below.
10.3 Project plantings within the CITY right of way shall conform to the CITY's Critical Areas
Ordinance, CITY landscape standards including required irrigation, Complete Street
guidelines, and the guidelines outlined in the UDC, and RFP Section 2.15.4.11, Roadside
Restoration -- Vegetation Replacement Criteria and Planting Design Requirements.
WSDOT will provide plant establishment for Project plantings within the CITY right of way
for five (5) years.
11.0 PAYMENT
11.1 Upon submission to the CITY of final designs pursuant to Section 3.1., WSDOT's Design -
Builder shall apply and pay for a Civil Construction Permit Application on the form found
on rentonwa.gov web site. All fees shall be paid in accordance with the RMC.
12.0 PERMITS
12.1 WSDOT, and/or its Design -Builder, shall apply, pay for and obtain all necessary permits
for work within the corporate limits of the CITY and regulated by the CITY, including, but
not limited to, the following:
12.1.1 Project Elements that require a construction permit.
12.1.2 Exceptions to the hours for development activity (per RMC).
GCB 2476 Page 8 of 11
AGENDA ITEM #7. k)
12.1.3 Civil Construction Permit, which includes all road construction work within the
CITY's right of way, including but not limited to, haul routes for oversized loads,
proposed road and lane closures, and temporary construction agreements, noise
walls, and easements.
12.2 The CITY shall review each permit submittal in accordance with Section 3.0 of this
Agreement, and will indicate either "approved," "approved as noted," or "not approved." If
the permit is not approved, the CITY will identify the applicable RMC sections or City
Standards that the submittals do not satisfy.
13.0 DISPUTES
13.1 In the event that disputes arise that are related to the application of this Agreement, the
CITY and WSDOT agree to work quickly and collaboratively to determine a resolution
using the following guidelines at the lowest organizational level. The process to informally
resolve the situation shall proceed in the following order:
13.1.1 The CITY's Project Coordinator and WSDOT's 1-405 Project Engineer shall jointly
cooperate to informally resolve any disputes as quickly and efficiently as possible.
13.1.2 If dispute resolution is not successful at the level described above, the CITY's
Transportation Director and WSDOT's 1-405 Construction Engineering Manager
shall jointly cooperate to informally resolve any dispute. The CITY Utility Systems
Director shall be involved in the resolution of any dispute regarding issues of
Project Elements.
13.1.3 If dispute resolution is still not successful, the CITY's Public Works Administrator,
and WSDOT's 1-405/SR 167 Program Administrator shall jointly cooperate to
informally resolve any dispute in accordance with the procedures described in
Section 13.3 below.
13.2 If unresolved, the CITY's Public Works Administrator and WSDOT's 1-405 Program
Administrator shall notify each other in writing of any dispute needing resolution. They
shall meet together with appropriate staff from the CITY and WSDOT, within three (3)
business days of receiving the written notice in order to resolve the dispute to the
satisfaction of both Parties. Each Party agrees to make all reasonable efforts to resolve
the dispute in order to avoid delays and minimize Project costs.
13.3 If, after fourteen (14) calendar days of receipt of the written notice described in Section
13.3 above, the dispute is still unresolved, the CITY's Public Works Administrator and
WSDOT's 1-405 Program Administrator shall each appoint a member to a dispute panel.
These two (2) members shall select a third member not affiliated in any manner with either
Party. The three -member dispute panel shall conduct a dispute resolution hearing that
shall be informal and unrecorded. The dispute panel shall evaluate the facts, contract
terms, and applicable statutes and rules and make a determination on the dispute. The
CITY and WSDOT shall each pay fifty (50) percent of the costs for the third member of the
dispute panel; however, each Party shall be responsible for their own costs and fees.
14.0 INDEMNIFICATION AND HOLD HARMLESS
14.1 Each Party shall protect, defend, indemnify, and save harmless the other Party, its officers,
officials, employees, and agents, while acting within the scope of their employment as
such, from any and all costs, claims, judgments, and/or awards of damages (both to
GCB 2476 Page 9 of 11
AGENDA ITEM #7. k)
persons and/or property), arising out of, or in any way resulting from, each of the Party's
own negligent acts or omissions and breaches of this Agreement. No Party will be
required to indemnify, defend, or save harmless the other Party if the claim, suit, or action
for injuries, death, or damages (both to persons and/or property) is caused by the sole
negligence of the other Party, its officers, officials, employees, and agents, while acting
within the scope of their employment as such. Where such claims, suits, or actions result
from the concurrent negligence of the Parties, the indemnity provided herein shall be valid
and enforceable only to the extent of a Party's own negligence.
14.2 WSDOT and the CITY agree that their obligations under this section extend to any claim,
demand, and/or cause of action brought by, or on behalf of, any of its employees or agents.
For this purpose, the Parties, by mutual negotiation, hereby waive, with respect to the
other Party only, any immunity that would otherwise be available against such claims
under the Industrial Insurance provisions of Title 51 RCW.
14.3 Each Party shall be responsible for their own attorneys' fees, to enforce the provisions of
this section.
14.4 This indemnification and waiver shall survive the termination of this Agreement.
15.0 AMENDMENT
15.1 Either Party may request modifications to this Agreement. Such modifications shall be
mutually agreed upon by written amendments and/or supplements to this Agreement.
15.2 No variation or alteration of the terms of this Agreement shall be valid unless made in
writing and signed by authorized representatives of the Parties hereto.
16.0 ALL WRITINGS CONTAINED HEREIN
16.1 This Agreement contains all the terms and conditions agreed upon by the Parties to this
Agreement.
16.2 No other understanding, oral or otherwise, regarding the subject matter of this Agreement
shall be deemed to exist or to bind any of the Parties hereto.
17.0 GOVERNANCE
17.1 This Agreement is entered into pursuant to, and under the authority granted by, the laws
of the state of Washington and applicable federal laws.
17.2 The provisions of this Agreement shall be construed to conform to those laws.
18.0 EFFECTIVENESS AND DURATION
18.1 This Agreement is effective upon execution by both Parties and shall remain in effect
through the design and construction of the Project.
19.0 SEVERABILITY
19.1 if any provision of this Agreement, or any provision of any document incorporated by
reference, shall be held invalid, such invalidity shall not affect the other provisions of this
Agreement that can be given effect without the invalid provision, if such remainder
conforms to the requirements of applicable law and the fundamental purpose of this
Agreement, and to this end the provisions of this Agreement are declared to be severable.
GCB 2476 Page 10 of 11
AGENDA ITEM #7. k)
20.0 TERMINATION
20.1 This Agreement may be terminated by either Party with sixty (60) calendar days' notice
and the written mutual consent of both Parties.
21.0 VENUE
21.1 In the event that either Party deems it necessary to institute legal action or proceedings to
enforce any right or obligation under this Agreement, the Parties hereto agree that any
such action or proceeding shall be brought in the superior court situated in Thurston
County, Washington, and only upon exhaustion of the dispute resolution process outlined
in Section 13 of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the latest date
written below:
CITY OF RENTON WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION
By: By:
Denis Law
Mayor
Date:
APPROVED AS TO FORM
2
Printed:
Title:
Date
ATTEST
Jason Seth
City Clerk
Date:
Kim Henry
1-4051SR 167 Program Administrator
Date: -
A
is
TO FORM
Ja es elson
Assistant Attorney General
Date: - ------
GCB 2476 Page 11 of 11
AGENDA ITEM #7. k)
GCB 2476
1-405 - Renton to Bellevue Widening and Express Toll Lanes Project Description
GCB 2476
AGENDA ITEM #7. k)
GCB 2476
Exhibit A
1-405 - RENTON TO BELLEVUE WIDENING AND EXPRESS TOLL LANES
PROJECT DESCRIPITON
The Project will add a dual express toll lane system to northbound and southbound Interstate 405
(1-405) between State Route 167 and NE 61h Street from milepost (MP) 2.80 to MP13.8, and an
additional auxiliary lane in each direction from MP 9.3 to MP 10.7. An auxiliary lane in the
southbound direction and a peak use shoulder lane in the northbound direction will be constructed
between MP 3.2 and MP 3.9. North of 1-90, one new lane will be added in both directions between
SE 8th Street and NE 6th Street from MP 12.5 to MP13.7.
The project will include new bridge structures and widening of existing bridges. Bridge widening
will occur on: the southbound 1-405 overpass at Cedar River (MP3.7), the northbound and
southbound overpass at Sunset Boulevard (MP 4.5), the southbound overpass at SR 900 (MP
5.4), and the northbound overpass at SE 8th Street (MP 12.78). Bridge replacement will occur
over 1-405 at: Cedar Avenue S (MP 3.5), Renton Avenue S (MP 3.6), NE 441h Street (MP 7.4),
1121h Avenue NE (MP 9.2), and Main St (MP 13.31). New bridge structures will be constructed at:
the southbound overpass at Coal Creek (MP 10.2), the northbound 1-405 to eastbound 1-90 ramp
over the eastbound 1-90 off ramp and Factoria Boulevard SE (MP 11.0), and the northbound
overpass at the Wilburton crossing (MP 12.4).
The ramps in the project limits will require reconstruction due to impacts from mainline widening
and configuration changes. The project includes new direct access ramp interchanges at NE 441h
Street (MP 7.48) and 1121h Avenue SE (MP 9.25) to accommodate HOV/Transit/Express Toll
lanes.
In addition to widening and interchange improvements, the project will address fish passage at
three stream crossings, reconstruct the Newport Hills Park and Ride at 1121h Avenue SE,
construct two segments of a regional trail being constructed in the Eastside Rail Corridor (MP
7.85 to 10.3) with a trail bridge crossing 405 at the former Wilburton rail bridge (MP 12.1), relocate
a segment of Cedar River Trail, construct a new trail at May Creek, and four new noise walls.
AGENDA ITEM #7. k)
GCB 2476
Exhibit B
Project Description Specific to CITY Right -of -Way and WSDOT Limited Access within
the Limits of the CITY
GCB 2476
AGENDA ITEM #7. k)
GCB 2476
Exhibit B
PROJECT DESCRIPITON SPECIFIC TO CITY RIGHT OF WAY AND WSDOT LIMITED
ACCESS WITHIN THE LIMITS OF THE CITY
Project work affecting City of Renton facilities will include:
1. Replacement Bridge at Cedar Avenue South over 1-405. Bridge construction will be
phased with the Renton Avenue South replacement bridge in order to maintain one open
neighborhood access at all times during construction of the project.
a) Match the existing bridge geometry and approach roadway and sidewalk
dimensions.
b) Extend the bridge span westerly to accommodate Renton To Bellevue
Project widening for ETL lanes and maintain auxiliary lanes
c) Increase the wall height for the local street approach roadway west of 1-405
on the north side of Cedar Avenue.
d) Maintain and utilize the existing east side retaining wall and foundations for
new structure.
e) Reconstruct approach slabs for the east and west bridge ends.
Reconstruct sidewalk and ADA curb ramps to maximum extent feasible.
f) Note: this bridge structure is not forward compatible with the 1-405 Master
Plan concept.
2. Replacement Bridge at Renton Avenue South (South 3rd Street) over 1-405.
a) Match the existing bridge geometry and approach roadway and sidewalk
dimensions.
b) Extend the bridge span westerly to accommodate Renton to Bellevue
Project widening for ETL lanes and maintain auxiliary lanes.
c) Increase wall height on the west side of 1-405 on the north side of Renton
Ave.
d) Maintain and utilize existing east side retaining wall and foundations for
new structure.
e) Reconstruct approach slabs and pedestrian sidewalk off east and west
bridge ends.
f) Note: this bridge structure is not forward compatible to the 1-405 Master
Plan concept.
3. Relocate stormwater facility located on the west side of 1-405 between Cedar and Renton
Avenue. This is within CITY Aquifer Protection Area (APA) and shall comply with
WSDOT's approved APA Code Modification and, other than the modification, the
applicable CITY APA requirements in the RMC
a) Stormwater facility work is within WSDOT ROW
b) Construct spill containment vault and compost amended biofiltration swale
c) Realign access roadway to stormwater facility with access to S 3rd Street.
AGENDA ITEM #7. k)
4. Restore walkway and seating area Bridge widening on 1-405 northbound and southbound
structures. Work is within WSDOT right-of-way.
a) SB 1-405 over Cedar River.
• Bridgework is within WSDOT ROW and airspace/foundation
easements from BNSF Railway.
• Impacted segments of Cedar River Trail will be reconstructed as
described in #5 below.
b) NB and SB 1-405 over Sunset Boulevard NE.
• Bridgework is within WSDOT ROW
• Sidewalk restoration will be completed where column construction
impacts existing sidewalk. Sidewalk widths will match existing
widths at a minimum. Minor sidewalk widening and realignment will
be necessary on the south side of Sunset Boulevard NE to provide
an ADA accessible route around the new column.
• Roadway turnaround within Sunset Boulevard median located on
the west side of the bridge over Sunset Boulevard will be relocated
westerly where existing turnaround is impacted by the new column
construction. Relocated turnaround will match existing turnaround
geometry.
c) SB 1-405 over Southport Drive
5. Reconstruct/Restore sections of the Cedar River trail impacted by Cedar River Bridge
widening.
a) Trail/bikeway segment south of Cedar River and west of 1-405 to realign
trail around the north side of the proposed bridge column. Trail segment
reconstructed will match existing trail widths. Detour during impacts will be
provided during construction.
b) Restore and match existing sidewalk width a segment of sidewalk impacted
by bridge abutment wall widening and foundation work located at the
northwest end of the SB 1-405 Bridge over Cedar River
6. Storm water facility adjacent to Houser Way, with an outlet pipe crossing under Lake
Washington Boulevard at Houser Way North & Coulon Beach Park Drive. Impacts to CITY
water lines will be addressed in Utility Construction Agreement UTB 1286.
7. Storm drainage installation from NE Park Drive going west toward Lake Washington
Boulevard N, south of and adjacent to the Marriott property. Facility will connect into the
Houser Way facility outlet pipe. Installation includes two subsurface storm water culverts.
Utilities to be adjusted as necessary, under separate agreement.
8. Bridge replacement at May Creek crossing.
a) Bridgework is within WSDOT right-of-way.
b) A temporary construction easement for construction access will be
obtained on City of Renton park 4(f) land.
GCB 2476 Renton to Bellevue Design -Build Cooperative Page 2 of 4
AGENDA ITEM #7. k)
9. City of Renton May Creek Trail
a) Construct 6-ft wide soft surface trail from existing trail terminus on the west
side of 1-405 to WSDOT ROW limits. The City of Renton is to obtain the
Shoreline and Land Use permitting and provide the conceptual design for
this segment. Construction and Construction Permitting of the trail will be
by the WSDOT 1-405 Renton to Bellevue Project Design -Builder.
b) Construct 8-ft wide soft surface May Creek Trail within WSDOT ROW along
the northern side of May Creek. This trail work is permitted by WSDOT and
will be constructed by the WSDOT 1-405 Renton To Bellevue Project
Design -Builder.
c) Construct 6-ft wide soft surface May Creek Trail from eastern WSDOT
ROW limit to a point of termination at Jones Avenue NE. The City of
Renton is to obtain the Shoreline and Land Use permitting and provide the
conceptual design for this segment. Construction and Construction
Permitting of the trail will be by the WSDOT 1-405 Renton to Bellevue
Project Design -Builder.
10. NE 441h Interchange vicinity:
a) Bridge replacement of NE 44th Street over 1-405 to include a direct access
ramps and roundabout intersections located at southbound on and off -
ramp, direct access ramp, northbound off -ramp, and northbound on -ramp
terminals.
b) Reconstruct Lake Washington Boulevard N / NE44th Street from tie -In
point at NE 43rd Street intersection vicinity to WSDOT ROW limits
c) Relocate northbound 1-405 on -ramp access to Lake Washington Boulevard
NE north of NE 44th Street.
d) Realign Lake Washington Boulevard NE from NE 44th Street to tie in point
north of SE 76th Street.
e) Reconstruct NE44th Street from eastern WSDOT ROW limits to tie in point
on curve. Re-channelize existing 4-lane roadway with two-way left turn
lane from eastern tie-in point to NE43rd/Lincoln Ave NE to accommodate
14-ft outside shared use lane and 11-ft inside lanes with 11-ft two-way left
turn lane. An inside southbound conventional bike lane will be developed
at NE44th Street / NE43rd Street/ Lincoln Ave where proposed shared use
lane terminates.
11. Install fish passage crossing under NE 441h Street and Lake Washington Boulevard
NE.(UNT 081W.0283 (Gypsy Creek)
a) Fish passage crossing work within WSDOT ROW
12. Install fish passage crossing under Ripley Lane N. (UNT 7.8)
a) Restore Ripley Lane N pavement over fish passage crossing. Match
existing roadway lane and shoulder widths.
GCB 2476 Renton to Bellevue Design -Build Cooperative Page 3 of 4
AGENDA ITEM #7. k)
13. Construct East side Rail Corridor regional trail
a) Construct 12-ft paved width trail with 6-ft and 2-ft unpaved shoulders (20-ft
total width) from northern limit of existing trestle over Ripley Lane N to
Renton City limit.
b) Construct 10-ft paved width trail connection from Eastside Rail Corridor to
Ripley Lane N.
c) Decommission Lake Washington Loop trail from connection with Ripley
Lane N north to Renton City Limit.
14. SR 169 / Maple Valley Hwy Interchange: Re-channelize roadway to accommodate dual
WB to SB 1-405 on -ramp left turns and modify traffic signal. Re -configure SB
SR900/Sunset Blvd N inside lanes from existing dual LT turn to LT and LT/Thru
respectively.
15.. Note: All City owned Utility deactivations, relocations, and adjustments are addressed by
separate utility agreement(s) between the CITY and WSDOT.
GCB 2476 Renton to Bellevue Design -Build Cooperative Page 4 of 4
AGENDA ITEM #7. k)
GCB 2476
Exhibit C
Project Conceptual Plans Specific to CITY Right of Way and WSDOT Limited Access
GCB 2476
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GCB2476 EXHIBIT D SHEET 4 OF 5
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GCB2476 EXHIBIT D SHEET 5 OF 5
AGENDA ITEM #7. k)
GCB 2476
Exhibit E
Approved City Street Modifications
GCB 2476
DocuSign Envelope ID: 11FDA634-A1AO-4676-B45E-578185D2838C
AGENDA ff.EM #7. k)
DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
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ADMINISTRATIVE STREET MODIFICATION
APPROVAL [-] DENIAL
EVALUATION FORM & DECISION
PROJECT NAME:
1-405 Renton to Bellevue Project
PROJECT NUMBER:
LUA18-000669
PROJECT MANAGER:
Brianne Bannwarth
Community and Economic Development
Development Engineering Manager
APPLICANT:
5ean Quarrie
Washington State Department of Transportation 600
108`h Ave NE, Suite 405
Bellevue, WA 98004
ZONING CLASSIFICATION: Urban Design District C (COR) and Commercial Arterial (CA)
PROJECT LOCATION: Lake Washington Blvd N, NE 40' St, Lake Washington Blvd NE and
adjacent Cross streets.
SUMMARY OF REQUEST:
Pursuant to RMC 4-9-250D the applicant is requesting an Administrative Modification from RMC 4-6-060
Street Standards for Lake Washington Blvd N, NE 44`h St, Lake Washington Blvd NE and adjacent cross
streets as part of the Washington State Department of Transportation (WSDOT) 1-405 Renton To Bellevue
Project. The modification request is described below:
• Installation of four round -a -bouts located within WSDOT Limited Access at NE 441h St and Lake
Washington Blvd NE;
• Frontage improvements beginning at Lake Washington Blvd N, NE 4Wh St and Lake Washington Blvd
N E;
BACKGROUND (provided by Applicant):
The 1-405 Renton to Bellevue Widening and Express Toll Lanes Project, includes 1-405 corridor improvements
from 1-5 in Tukwila to just south of SR 520 in Bellevue, Mile Post (MP) 0.0 to MP 14.60. The improved 1-405 will
include a dual Express Toll Lane (ETL) system and two general purpose lanes in each direction plus auxiliary
lanes in select locations. This is a mobility project that supports the implementation of a Bus Rapid Transit (BRT)
system along 1-405. The project is funded and will be delivered as a Design Build Contract. WSDOT anticipates
construction to start in 2019. Additional project descriptions specific to each location where a modified street
standard is requested are included in the project overview by location sections below.
DocuSign Envelope ID: 11FDA634-A1A0-0676-B45E-578185D2838C
AGENDA ITEM #7. k)
City of Renton Department of Community and Economic Development Admin. Modification Request Report & Decision
1-405 Renton to Bellevue —STREET MODIFICATION LUAIS-000669
EXISTING CONDITIONS:
NE 441h St / Lake Washington Blvd N Street Conditions (West of 1-405) at Location of Proposed Modified
Street Standard
Within the project area, NE 44th St / Lake Washington Blvd N, west of the 1-405 NE 441h Interchange, outside
of WSDOT Limited Access, consists of a two-lane roadway. An existing eastbound left turn pocket is present
for eastbound to northbound left turns to Seahawks Way.
Currently no contiguous accessible pedestrian pathways exist along this stretch of roadway. There is a 250-
foot long segment of 12-foot wide sidewalk located on the east side of Lake Washington Blvd N from the
north side of May Creek Bridge to a point of termination approximately 200 feet south of the intersection
with N 43`d St. Striped roadway shoulders are marked for bike lane use south of N 43`d St. Varying width
roadway shoulders are available for pedestrian use but are not accessible from the curbed facilities, see
Exhibit Al.
N 43`d St and Seahawks Way Street Conditions:
N 43`d St consists of a two-lane roadway with existing 5-foot wide sidewalk on the south side of the street.
No pedestrian walkway conditions exist on the north side of the street. A new trail marked crossing and
access to the Eastside Rail Corridor Trail was recently constructed at the prior -existing railroad crossing.
Seahawks Way consists of a two-lane roadway with paved shoulders. Rolled curbs with paved shoulders
exist at the intersection returns to NE 441h St. No separated pedestrian facilities exist present day. For
existing conditions within the NE 44ih St vicinity west of 1-405, see Exhibit Al.
NE 441h / 1101h Ave SE St Street Conditions — East of 1-405 (Outside of WSDOT Limited Access)
Within the project area, NE 44th St east of the 1-405 NE 44th Interchange, outside of WSDOT Limited Access,
consists of a 5-lane roadway section with 2 traveled lanes in each direction plus a center two-way left turn
lane. The outside westbound traveled lane is dropped via right turn only lane and the outside eastbound
traveled lane is added at the NE 44th St intersection with Lake Washington Blvd NE. The outside westbound
traveled lane is added at the driveway access to apartment complex at 7920 1101h Ave SE, and the outside
eastbound traveled lane is dropped via right turn only lane at the NE 441h St intersection with NE 43`d pl /
Lincoln Ave NE. The paved westbound shoulder between driveway access to 7920 1101h Ave SE and the NE
441h / 1101h Ave SE intersection with NE 43`d PI / Lincoln Ave NE is currently utilized for on -street parking.
There is a 5-foot wide sidewalk on the north side of the street and a 6-foot wide sidewalk on the south side
of the street. No roadway planters are present, but the remaining ROW beyond the back of sidewalk is
vegetated. No in street or separated bicycle facilities exist on NE 441h St within this segment of roadway. For
the existing conditions within the NE 441h vicinity east of 1-405, see Exhibit B1.
Lake Washington Blvd NE Street Conditions
Within the project area Lake Washington Blvd NE, east of the 1-405 NE 441h Interchange consists of a 2-lane
roadway with a paved shoulder on the west side and curb and gutter with 5-foot wide paved sidewalk
located on the east side of the street. A center turn lane is developed approximately 500 feet north of the
intersection with NE 44ih St and extends through the limits of the project area. A contiguous pedestrian
facility does not exist on the west side of the street directly adjacent to WSDOT Limited Access ROW, see
Exhibit B1.
DocuSign Envelope ID: 11FDA634-A1A0-4676-B45E-578185D2838C AGENDA ITEM #7. k)
City of Renton Department of Community and Economic Development Admin. Modification Request Report & Decision
1-405 Renton to Bellevue —STREETMODIFICATION LUA18-000669
SE 76" (NE 48d') St Street Conditions:
The existing cross street conditions at SE 761h (NE 48th) St consist of a three lane roadway with center left
turn lane. Existing 5-foot wide sidewalks are present on the north and south sides of the street. For existing
conditions within the Lake Washington Blvd NE vicinity, see Exhibit B1.
PROPOSED
NE 44th St / Lake Washington Blvd N Street Improvements at Location of Modified Street Standard
Future land use development of the undeveloped and underdeveloped parcels located east and west of NE
441h St / Lake Washington Blvd N will warrant intersection improvements at N 43`d St intersection. At this
time WSDOT proposes to provide an interim street section within the area of future intersection
improvements at N 43`d St and construct the street section per City Code to the maximum extent practical
between N 43`d St and Seahawks Way, see Exhibit A2.
An in -street bike lane will be constructed along the south side of the street. To address City concerns
regarding bicycle safety for bicyclists traveling southbound on NE 441h St / Lake Washington Blvd N between
Seahawks Way and N 43'd St, the weaving movements imposed on cyclists and vehicular traffic by the drop
lane condition with a developed inside bike lane at the right turn pocket will not be constructed. To mitigate
not implementing an on street bike lane, a 12-foot wide sidewalk will be constructed on the north side of
the street. Bicyclists can access the existing southbound on street bike lane at the south side of the
intersection with N 43`d St. A contiguous 12-foot wide sidewalk will be constructed on the south side of the
street connecting to existing facilities at May Creek trail vicinity.
An 8-foot wide planter will be constructed on both sides of the street between N 43`d St and Seahawks Way.
Due to anticipated future intersection improvements, WSDOT proposes to not construct planter areas
where future intersection improvements will be warranted once adjacent parcels are redeveloped. This
planned approach does not preclude future planterareas being constructed where feasible as part of future
warranted intersection work or any other future project work that extends beyond the limits of the WSDOT
1-405 Renton to Bellevue Project. Proposed modifications to the street standard for NE 441h St / Lake
Washington Blvd N are as indicated in Table 1, attached.
NE 441h St / 1101h Ave SE Improvements — East of 1-405 at Location of Modified Standard
WSDOT proposes to meet City street standards to the maximum extent practical within the areas where
roadway profile and alignment adjustments require reconstruction of the curb lines and new or widened
pavement be constructed, see Exhibit B2. The lane widths will be reduced to 11-foot traveled lanes and an
11-foot center two-way left turn lane. A 5-foot wide conventional bike lane will be constructed on both
sides of the street. Additionally, 8-foot planters and 8-foot wide sidewalks will be constructed.
Beyond the limits of proposed reconstruction of the curb lines and new or widened pavement, the project
proposes to reconfigure lane widths within the existing roadway width to accommodate a 5 lane section
with shared use "sharrow" vehicle/bike lanes that will extend to the intersection of NE 43`d PI / Lincoln Ave
NE. The lane widths will be reduced to 11-foot inside traveled lanes and 11-foot center two-way left turn
lane, 5-foot wide bike lanes will transition to 14-foot wide outside shared use lanes. Existing sidewalks will
remain in place. The eastbound shared use "sharrow" lane will transition to 5-foot wide bike lane at the
north leg of the NE 441h St. / NE 43'd PI / Lincoln Ave NE intersection where the outside lane is dropped via
right turn only lane to NE 43`d PI. No modification to the west bound roadway channelization and on -street
parking on NE 441h St / 1101h Ave SE is proposed. The proposed configuration meets the recommendations
in the City of Renton Trails and Bicycle Master Plan and will not preclude future private property
redevelopment frontage improvements outside the limits of proposed roadway work for this project.
Proposed modifications to the street standards for NE 44th St are as indicated in Table 1, attached.
DocuSign Envelope ID: 11FDA634-A1A0-4676-B45E-578185D2838C
AGENDA ITEM #7. k)
City of Renton Deportment of Community and Economic Development Admin. Modification Request Report & Decision
I-405 Renton to Bellevue —STREET MODIFICATION LUA18-000669
Lake Washington Blvd NE Street Improvements — East of 1-405 at Location of Modified Street Standard
WSDOT proposes to realign Lake Washington Blvd NE to the east of the existing roadway and construct a
new northbound general-purpose traffic on -ramp. This ramp terminal intersection will include a
roundabout intersection that intersects with the new Lake Washington Blvd NE alignment approximately
400 feet south of existing SE 76th (NE 481h) St. The realigned portion of Lake Washington Blvd NE will match
into existing Lake Washington Blvd NE approximately 380 feet north of existing SE 761h (NE 48th) St, see
Exhibit B2.
Providing a pedestrian -accessible facility on the west side of the Lake Washington Blvd NE is not desirable
as it is contiguous to the 1-405 Limited Access ROW. Pursuant to RMC 4-6-060G, this location is candidate
for exceptions, given establishing a pedestrian facility in this location would be a) contrary to public safety,
b) would be excessively disproportionate to the need or probable use, and c) no long-term need is identified.
Thus WSDOT proposes to not construct sidewalk facilities on the west side of Lake Washington Blvd NE
between the intersection with NE 44th St and the northern project limits on the local street.
An 8-foot wide planter and 8-foot wide sidewalks are proposed along the east side of Lake Washington Blvd
NE from the intersection with NE 441h St to the SE 761h (NE 481h) St intersection.
WSDOT proposes to match the existing roadway and east -side sidewalk section on Lake Washington Blvd
from the intersection with SE 76th (NE 481h) St to the project limits. Constructing sidewalk and planter widths
to the current City street standards would further impact private property and current land use on the
affected parcels, including existing private storm drainage detention facilities.
Proposed Cross Street Improvements — N 43'd St, Seahawks Way, and SE 76th (NE 48th) St:
Anticipated cross street improvements as part of WSDOT 1-405 Renton to Bellevue Project are minor and
major grading is not anticipated beyond the intersection area. WSDOT proposes to match existing
conditions at the cross streets and construct, to the maximum extent practical, the minimum intersection
radii as per RMC 4-6-060. This planned approach does not preclude street improvements related to private
developments) or other City capital projects that are beyond the scope of the WSDOT 1-405 Renton to
Bellevue Project from being constructed at a future date. Proposed modifications to the street standard for
N 43`d St, Seahawks Way, and SE 761h (NE 481h) St are as indicated in Table 1, attached.
Proposed Intersections
WSDOT proposes to install four round -a -bouts that will that will be owned and maintained by the City of
Renton. Current design is to have the center of the round -a -bout landscaped, with the option for the City
to install signage which would include the need for power and irrigation. These round -a -bouts are required
to meet City of Renton municipal code including the City's undergrounding code, RMC 4-6-090.
ATTACHMENTS:
Exhibit Al & B1: Existing Roadway Conditions
Exhibits A2 & 62: Site Plan
Table 1: Code Modification Matrix
DocuSign Envelope ID: 11FDA634-A1A0-4676-B45E-578185D2838C
AGENDA ITEM #7. k)
City of Renton Deportment of Community and Economic Development
1-405 Renton to Bellevue —STREET MODIFICATION
ANALYSIS OF REQUEST:
Admin. Modification Request Report& Decision
LUA18-000669
The Section 4-6-060Q.1 allows the Administrator to grant modifications provided the modifications
meet the following criteria (pursuant to RMC 4-9-250D.2):
Compliance
Street Modification Criteria and Analysis
a. Substantially implements the policy direction of the policies and objectives of
the Comprehensive Plan Land Use Element and the Community Design Element
and the proposed modification is the minimum adjustment necessary to
implement these policies and objectives.
Staff Comment: The Community Design Element has applicable policies listed under a
✓
separate section labeled Promoting a Safe, Healthy, and Attractive Community. These
policies address walkable neighborhoods, safety, and shared uses. The intent of the
policies are to promote new development with walkable places that support grid and
flexible grid street and pathway patterns, and are visually attractive, safe, and
healthy environments. The requested street modification is consistent with these
policy guidelines.
b. Will meet the objectives and safety, function, appearance, environmental
protection and maintainability intended by the Code requirements, based
upon sound engineering judgment.
Staff Comment: The City's Public Works Transportation section and Community an
Economic Development section reviewed the proposed NE 44th St and the surrounding
✓
area and have determined the modified section as described above is the most
appropriate for the area. This determination was based on the close proximity to 1-405,
adjacent properties and the future development within the area.
In order to provide maintainability and appearance of the round -a -bout City staff
recommends a condition that WSDOT shall provide lighting conduit and irrigation to
the round -a -bouts where landscape islands are proposed.
c. Will not be injurious to other property(ies) in the vicinity.
✓
Staff Comment: WSDOT has purchased the portions of the properties surrounding the
proposed onramp at Lake Washington Blvd NE that would be affected by this project.
No additional impacts to other properties have been identified.
d. Conforms to the intent and purpose of the Code.
Staff Comment: See comments under criterions V and V.
e. Can be shown to be justified and required for the use and situation intended; and
✓
Staff Comment: The revised street standards provide a safe design for vehicles and
pedestrians.
f. Will not create adverse impacts to other property(ies) in the vicinity.
Staff Comment: See comments under criterion V.
DocuSign Envelope ID: 11FDA634-A1AO-4676-B45E-578185D2838C AGENDA ITEM #7. k)
City of Renton Deportment of Community and Economic Development Admin. Modification Request Report & Decision
1-405 Renton to Bellevue —STREET MODIFICATION LUAIS-000669
DECISION
The proposal satisfies 6 of the 6 criteria listed in RMC 4-9-250D.2 for the requested modification.
Therefore, the street modifications for the 1-405 Renton to Bellevue Project located at NE 4411, St
between Lake Washington Blvd N, Lincoln Ave NE, and NE 48th St, Project Number LUA18-000669 is
approved with conditions.
The following is the condition of approval:
1. WSDOT shall provide lighting conduit and irrigation to the round -a -bouts where landscape
islands are proposed.
CDacuSigiled by:
Brianne Bannwartn
F11_13MIE1444..
Brianne Bannwarth, Development Engineering Manager
11 /20/2018 1 11:16 AM PST
Date
The decision to approve the modification will become final if not appealed in writing together with
the required fee to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057
on or before 5:00 pm, on December 12, 2018. Additional information regarding the appeal process
may be obtained from the Renton City Clerk's office, Renton City Hall — 71h Floor, 425.430.6510.
If you have any further questions regarding this decision, feel free to contact City of Renton Project
Manager and WSDOT Coordinator, Justin Johnson, at 425.430.7291 orjtjohnson@rentonwa.gov.
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AGENDA ITEM #7. k)
EXHIBIT "A"
GCB 2476
DESIGN -BUILD COOPERATIVE AGREEMENT
DESIGN AND CONSTRUCTION
1-405 - RENTON TO BELLEVUE WIDENING AND EXPRESS TOLL LANES
PROJECT
4
AGENDA ITEM #7. k)
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH
STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION ("WSDOT")
ENTITLED "GCB 2476 DESIGN -BUILD COOPERATIVE AGREEMENT DESIGN AND
CONSTRUCTION 1-405 — RENTON TO BELLEVUE WIDENING AND EXPRESS TOLL
LANES PROJECT."
WHEREAS, the City and WSDOT are authorized, pursuant to RCW Chapter 39.34, the
Interlocal Cooperation Act, to enter into an interlocal government cooperative agreement; and
WHEREAS, WSDOT, in the interest of providing congestion relief in the 1-405 Corridor,
proposes improvements to 1-405 and City streets in the 1405 — Renton to Bellevue Widening and
Express Toll Lanes Project ("Project"); and
WHEREAS, the proposed Project will require WSDOT to perform certain work on City
facilities; and
WHEREAS, the proposed Project will require WSDOT to relocate impacted WSDOT owned
fire hydrants within the WSDOT limited access right of way that connect to the City water system
and are utilized by the Renton Regional Fire Authority and/or other fire authorities; and
WHEREAS, WSDOT will construct the Project using the design -build method of project
delivery; and
WHEREAS, the design -build method of project delivery moves faster than in the typical
design -bid -build method of project delivery; therefore, expedited City review of the design
elements will be required; and
1
AGENDA ITEM #7. k)
RESOLUTION NO.
WHEREAS, the City and WSDOT recognize the importance of timeliness in reviews,
avoidance of delays, and minimizing costs for the Project, as well as the mutual benefit provided
in shortening plan and proposal review times; and
WHEREAS, the City and WSDOT desire to enter into an interlocal cooperative agreement
to define their roles and responsibilities related to design and construction of the Project; and
WHEREAS, the City and WSDOT intend on simultaneously entering into an additional
agreement to document WSDOT's commitment to reimburse the City for the coordination of the
Project;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION 1. The Mayor and City Clerk are hereby authorized to enter into an interlocal
agreement with WSDOT entitled "GCB 2476 Design -Build Cooperative Agreement Design and
Construction 1-405 — Renton to Bellevue Widening and Express Toll Lanes Project," attached
hereto as Exhibit "A" and incorporated by this reference.
PASSED BY THE CITY COUNCIL this day of , 2019.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2019.
Denis Law, Mayor
2
AGENDA ITEM #7. k)
RESOLUTION NO.
Approved as to form:
Shane Moloney, City Attorney
RES:1795:1/2/19:scr
AGENDA ITEM #7. 1)
AB - 2329
CITY OF
enton UOOT171"'
SUBJECT/TITLE: Change Order No. 5 to CAG-17-174 with Laser Underground &
Earthworks, Inc. for the Renton Hill Utility Replacement Project
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Utility Systems Division
STAFF CONTACT: John Hobson, Wastewater Utility Engineer
EXT.: 7279
Funding for Change Order No. 5 to CAG-17-174 with Laser Underground & Earthworks, Inc. for $1,031,259.85
is available through the approved 2019 Wastewater Utility, Water Utility and Surface Water Utility Capital
Improvement Program budgets for the Renton Hill Utility Replacement Project (426.465475, 425.455170,
427.475509). There is sufficient funding in the Water Utility and Surface Water Utility budgets for this change
order. The Wastewater Utility will transfer $300,000 as part of the 2019 carry forward budget adjustment.
The city is replacing water, sewer and storm pipelines in the Renton Hill neighborhood. The original schedule
allowed the contractor to complete utility installation and trench patching by mid -August 2019. A final asphalt
overlay of the roadways would have taken place as part of the Transportation Division's 2019 Overlay Project,
with the respective utility budgets paying for the affected roads. By using multiple construction crews, the
contractor has been able to replace the utilities at an accelerated rate, resulting in anticipated completion of
the utility work in late February 2019.
Due to the existing road's thin asphalt depth and poor subgrade material, coupled with over one year's worth
of utility replacement construction and resulting heavy equipment travel, most of the roads south of South 7th
Street have degraded to the point in which the current approach of permanently patching the existing
trenches followed by an asphalt overlay applied in late summer of 2019 will not produce optimal road
restoration. This change order will allow complete demolition and rebuilding of South 7th Street, South 9th
Street, South 10th Street, Renton Avenue South, High Avenue South, and Jones Avenue South (each from
South 7th Street to South 10th Street). Final trench patching, followed by an overlay, will take place on Cedar
Avenue South (from South 6th Street to South 7th Street), Renton Avenue South (from Beacon Avenue South
to the bottom of the hill), Grant Avenue South (from Beacon Avenue South to South 7th Street and South 9th
Street to South 10th Street), High Avenue South (from Beacon Avenue South to South 7th Street), and Beacon
Avenue South (from High Avenue South to South 7th Street).
This change order also provides for the overlay of roads within the project area that did not have any utility
construction yet were subject to additional degradation due to constant heavy construction traffic. These
roads include Renton Avenue South (from Beacon Avenue South to South 7th Street) and Grant Avenue South
(from South 7th Street to South 9th Street and South 10th Street to the Puget Sound Energy right-of-way).
These roads are scheduled for overlay as part of the Transportation Division's 2019 Overlay Project, but have
been included in this change order so that all road restoration within the neighborhood can be completed by
AGENDA ITEM #7. 1)
May 2019. If these roads are left until the 2019 Overlay Project, the neighborhood will be subjected to another
summer of construction.
The existing contract cost to patch the roads as part of the Renton Hill Utility Replacement and the estimated
cost to overlay the roads as part of the Transportation Department's 2019 Overlay Project is:
Item
Unit
Quantity
Unit Cost
Unit Total
Trench Patching
Square Yard
17,400
$35.00
$609,000.00
Asphalt Grind
Square Yard
34,469
$15.00
$517,035.00
Asphalt Overlay
Ton
4,188
$115.00
$481,620.00
Subtotal
$1,607,655.00
Tax Schedule
B & C
$107,826.77
Total
$1,715,481.77
Based on the change order prices, the cost of the proposed road restoration plan is:
Item
Unit
Quantity
Unit Cost
Unit Total
Pulverize Existing
Road
Square Yard
20,753
$30.17
$626,118.01
New Road Paving
Ton
4,500
$99.70
$448,650.00
Trench Patching
Square Yard
2,450
$35.00
$85,750.00
Asphalt Grind
Square Yard
13,717
$15.50
$212,613.50
Asphalt Overlay
Ton
1,800
$114.90
$206,820.00
Subtotal
$1,579,951.51
Tax Schedule
B & C
$105,108.34
Total
$1,685,059.85
The proposed road restoration plan will result in a savings of approximately $30,421.92.
Change Order No. 5 for $1,031,259.85 is the additional cost to the existing Renton Hill Utility Replacement
Project contract to complete all roadway restoration within the project area.
A. Change Order No. 5
B. Proposed Road Restoration Map
Execute Change Order No. 5 to CAG-17-174 with Laser Underground & Earthworks, Inc. in the amount of
$1,031,259.85 for roadway restoration of all roads within the Renton Hill Utility Replacement Project area.
CITY OF RENTON
Public Works Department
AGENDA ITEM #7. 1)
CONTRACT CHANGE ORDER AGREEMENT
CONTRACT: Renton Hill Utility Replacement CAG-17-174
CONTRACTOR: Laser Underground & Earthworks, Inc.
SUMMARY OF PROPOSED CHANGE:
C.O.# 5
Provide all labor, equipment, subcontracting, bonding, insurance for the complete work required for the extra
work as outlined below and shown in the contractor's proposal:
ITEM Additional Quantities Under This Change Order Unit City. Unit Price Total Price
A08.
REDUCED QUANTITY:
SY (4,000) $35.00 ($140,000.00)
Reduced HMA patching due to new pavement restoration plan.
A36.
NEW ITEM:
SY 5,589 $30.17 $168,620.13
Pulverize Existing Road Pavement - This item shall include pulverizing the existing road
pavement, grading and compacting the pulverized asphalt to form a sub -base for new
HMA pavement, removal, haul and disposal of excess pulverized asphalt.
A37.
NEW ITEM:
TON 1,200 $99.70 $119,640.00
Hot Mix Asphalt Paving - This item shall include Hot Mix Asphalt (per specification 5-
04 of the project specifications), 3.5" in depth installed in one pass, incidental paving
items shall be per specification 1-09.14(2)H.
A38.
NEW ITEM:
SY 954 $15.50 $14,787.00
Asphalt Grinding - This item shall include grinding 2" of existing asphalt road, removal,
haul and disposal of asphalt grindings.
A39.
NEW ITEM:
TON 150 $114.90 $17,235.00
HMA Overlay
B08.
REDUCED QUANTITY:
SY (3,850) $35.00 ($134,750.00)
Reduced HMA patching due to new pavement restoration plan.
B35.
NEW ITEM:
SY 5,718 $30.17 $172,512.06
Pulverize Existing Road Pavement - This item shall include pulverizing the existing road
pavement, grading and compacting the pulverized asphalt to form a sub -base for new
HMA pavement, removal, haul and disposal of excess pulverized asphalt.
B36.
NEW ITEM:
TON 1,250 $99.70 $124,625.00
Hot Mix Asphalt Paving - This item shall include Hot Mix Asphalt (per specification 5-
04 of the project specifications), 3.5" in depth installed in one pass, incidental paving
items shall be per specification 1-09.14(2)H.
B37.
NEW ITEM:
SY 2,885 $15.50 $44,717.50
Asphalt Grinding - This item shall include grinding 2" of existing asphalt road, removal,
haul and disposal of asphalt grindings.
B38.
NEW ITEM:
TON 400 $114.90 $45,960.00
HMA Overlay
C08.
REDUCED QUANTITY:
SY (7,100) $35.00 ($248,500.00)
Reduced HMA patching due to new pavement restoration plan.
C31.
NEW ITEM:
SY 9,446 $30.17 $284,985.82
Pulverize Existing Road Pavement - This item shall include pulverizing the existing road
pavement, grading and compacting the pulverized asphalt to form a sub -base for new
HMA pavement, removal, haul and disposal of excess pulverized asphalt.
H:\File Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Files\WTR-27-03824 - 2015 Water Main Replacement\Pay
Estimates\Change Orders\Combined Schedules\CO #5 (Road Restoratio n)\Change Order #5- Road Restoration.doc\JHmc
C32. NEW ITEM: TON 2,05
Hot Mix Asphalt Paving - This item shall include Hot Mix Asphalt (per specification 5-
04 of the project specifications), 3.5" in depth installed in one pass, incidental paving
items shall be per specification 1-09.14(2)H.
C33. NEW ITEM: SY 3,706 $15.50 $57,443.00
Asphalt Grinding - This item shall include grinding 2" of existing asphalt road, removal,
haul and disposal of asphalt grindings.
C34. NEW ITEM: TON 450 $114.90 $51,705.00
HMA Overlay
NEW SCHEDULE D
D01. NEW ITEM: SY 61172 $15.50 $95,666.00
Asphalt Grinding - This item shall include grinding 2" of existing asphalt road, removal,
haul and disposal of asphalt grindings.
D02. NEW ITEM: TON 800 $114.90 $91,920.00
HMA Overlay
Sub Total
Sales Tax for Schedules B & C (10.0%)
Total
$970,951.51
$60,308.34
$1,031,259.85
ORIGINAL CONTRACT AMOUNT
CURRENT CONTRACT AMOUNT
ESTIMATED NET CHANGE
ESTIMATED CONTRACT
THIS ORDER
TOTAL AFTER CHANGE
$5,048,703.20
$5,483,379.56
$1,031,259.85
$6,514,639.41
SIGNATURES:
Contractor:
Project Engineer:
Approved By:
Date:
Date:
Date:
Ron Straka, Utility Systems Director
Approved By:
Date:
Gregg Zimmerman, PW Administrator
Approved By:
Date:
Denis Law, Mayor
Approved By:
Date:
Shane Moloney, Renton City Attorney
Attest:
Date:
Jason Seth, City Clerk
/)
H:\File Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Files\WTR-27-03824 - 2015 Water Main Replacement\Pay
Estimates\Change Orders\Combined Schedules\CO #5 (Road Restoratio n)\Change Order #5- Road Restoration.doc\1Hmc
AGENDA ITEM #7. 1)
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AGENDA ITEM # 9. a)
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, REPORTING THE NET
COSTS OF PROVIDING MUNICIPAL SERVICES TO AN ANNEXATION AREA IN
SUPPORT OF A SALES AND USE TAX AUTHORIZED BY RCW 82.14.415 AS A CREDIT
AGAINST STATE SALES AND USE TAX.
WHEREAS, state law authorizes the reallocation of the sales tax already collected by the
state to be remitted to the City to assist with funding the costs of certain newly annexed areas;
and
WHEREAS, in accordance with Chapter 35A.14 RCW, the Council called for a special
election to be held, at which election the question of annexation was presented to the voters of
the Benson Hills Annexation Area; and
WHEREAS, the notice of intention to annex was filed with the King County Boundary
Review Board and subsequently approved; and
WHEREAS, in accordance with Chapter 35A.14 RCW the annexation was put to a vote of
the people in the annexation area; and
WHEREAS, King County Elections certified that the annexation had been approved by
voters; and
WHEREAS, following a favorable vote on the annexation proposition, the Council adopted
its Ordinance annexing said Benson Hill Communities Annexation Area effective March 1, 2008,
an annexation area that has a population greater than ten thousand (10,000) people; and
WHEREAS, the Council finds that the true and actual net costs to provide municipal
services to the annexation area totaled Four Million Three Hundred Forty -Four Thousand Dollars
1
AGENDA ITEM # 9. a)
RESOLUTION NO.
($4,344,000) for the City's fiscal year 2017 and the State's fiscal year July 1, 2017, to June 30,
2018; and
WHEREAS, pursuant to RCW 82.14.415, the City is authorized, under the circumstances
of this annexation, to impose a sales and use tax, with that tax being a credit against the state
tax; and
WHEREAS, pursuant to the time limits established in RCW 82.14.415(5)(a), this is the
City's final report of its true and actual net costs to provide municipal services to the annexation
area in support of such a sales and use tax;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The above recitals are adopted by the Council.
SECTION II. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directions of this Resolution.
SECTION III. This Resolution shall take effect and be in full force upon passage and
signatures hereon.
PASSED BY THE CITY COUNCIL this day of 12019.
Jason Seth, City Clerk
APPROVED BY THE MAYOR this day of 12019.
Denis Law, Mayor
2
RESOLUTION NO.
AGENDA ITEM # 9. a)
Approved as to form:
Shane Moloney, City Attorney
RES:1803:2/11/19:scr
AGENDA ITEM # 9. a)
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
MAXIMUM BUILDING HEIGHT FOR VERTICALLY MIXED -USE BUILDINGS IN THE
CA (COMMERCIAL ARTERIAL) ZONING DESIGNATION IN SUBSECTION 4-2-120.A
OF THE RENTON MUNICIPAL CODE, AND PROVIDING FOR SEVERABILITY AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, in Ordinance No. 5899, adopted on November 19, 2018, the City Council
adopted updated development regulations regarding townhouses and residential mixed -use
development; and
WHEREAS, Ordinance No. 5899's Section V and Attachment C amended the maximum
allowed height for vertically mixed -use buildings with residential above ground floor commercial
in the Center Village (CV) zone, but mistakenly omitted a height increase for the CA (Commercial
Arterial) zoning designation;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits remain in effect and unchanged.
SECTION II. The Maximum Building Height for vertically mixed -use buildings in the CA
(Commercial Arterial) zoning designation in subsection 4-2-120.A of the Renton Municipal Code
is amended as shown on Attachment A. All other provisions of subsection 4-2-120.A remain in
effect and unchanged.
SECTION III. If any section, subsection, sentence, clause, phrase or work of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
1
AGENDA ITEM # 9. a)
ORDINANCE NO.
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase or word of this ordinance.
SECTION IV. This ordinance shall be in full force and effect five (5) days after publication
of a summary of this ordinance in the City's official newspaper. The summary shall consist of this
ordinance's title.
PASSED BY THE CITY COUNCIL this day of , 2019.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2019.
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:2057:1/22/19:scr
Denis Law, Mayor
2
ORDINANCE NO.
ATTACHMENT A
4-2-120.A, Denisty and Height
DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CN, CV, CA, & UC)
CN
CV
CA
UC
HEIGHT
Maximum Building
35 ft.
50 ft., except 70 ft. for vertically
50 ft., except 60 70 ft. for
10 stories along primary
Height,6,14,16 except for Public
mixed use buildings (commercial
vertically mixed use buildings
and secondary arterials.
Facilities6-20
and residential).
(commercial and residential).
6 stories along
Heights may exceed the Zone's
residential/minor
maximum height with a
collectors.
Conditional Use Permit.16
Maximum Height for
See RMC 4-4-140
Wireless Communication
Facilities6
AGENDA ITEM # 9. b)
CITY OF RENTON, WASHINGTON
ORDINANCE NO. 5913
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ADDING SECTION 4-5-
125 TO THE RENTON MUNICIPAL CODE TO CREATE A RESIDENTIAL RENTAL
REGISTRATION AND INSPECTION PROGRAM, AMENDING SUBSECTIONS 5-5-3.A
AND 5-5-3.113 OF THE RENTON MUNICIPAL CODE TO CREATE EXEMPTIONS FROM
GENERAL BUSINESS LICENSING REGISTRATION AND FEE REQUIREMENTS, AND
PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, some rental housing units with substandard conditions exist within the City of
Renton; and
WHEREAS, improving residential housing and encouraging all rental housing in the City to
meet minimum life safety and fire safety standards are furthered by creating a program to
promote code compliance; and
WHEREAS, the residential rental registration and inspection program set forth below is
not intended to establish substantive requirements beyond the requirements that apply to
existing structures under code provisions that are already in effect; and
WHEREAS, the City collaborated with representatives of landlords and tenant advocates
to design a rental registration and inspection program that protects the interests of tenants and
landlords; and
WHEREAS, a subset of residential property owners asserted that requiring residential
rental property owners to pay for a general business license registration fee would constitute
an unlawful tax; and
WHEREAS, the City believes imposition of its existing general business license
registration fee on all those engaging in the business of residential rental property management
would be lawful; however, to avoid unnecessary litigation or other opposition to this important
1
AGENDA ITEM # 9. b)
ORDINANCE NO. 5913
regulatory program, the City Council has decided, at this point, to exempt residential rental
property owners from paying the general business license registration fee and subsidize the
costs of the City's rental registration and inspection program until additional information about
the annual costs of the new program is generated; and
WHEREAS, after such additional information is generated, the City Council may
reevaluate the general business license registration fee exemption and intends to assess
whether an administrative regulatory fee should be imposed to cover the City's costs of the
rental registration and inspection program; and
WHEREAS, creating a residential rental registration and inspection program furthers the
interest of the general public and is not undertaken for the benefit of any particular or
circumscribed class of persons; and
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission; and
WHEREAS, pursuant to RCW 36.70A.106, on November 19, 2018, the City notified the
State of Washington of its intent to adopt amendments to its development regulations and
requested expedited review; and
WHEREAS, the Planning Commission held a public hearing on June 15, 2016, considered
all relevant matters, and heard all parties in support or opposition, and subsequently forwarded
a recommendation to the City Council; and
WHEREAS, the City Council considered all relevant matters, and heard all parties in
support or opposition;
2
AGENDA ITEM # 9. b)
ORDINANCE NO. 5913
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits remain in effect and unchanged.
SECTION II. Chapter 4-5 of the Renton Municipal Code is amended to add a new
section 4-5-125, "Residential Rental Registration and Inspection Program," to read as follows:
4-5-125 RESIDENTIAL RENTAL REGISTRATION AND INSPECTION PROGRAM:
A. PURPOSE:
The City Council finds that rental housing is a valuable community asset,
providing homes for all income levels. The City recognizes that quality rental
housing is a partnership among owners, tenants, and the City. Additionally, the
City Council finds that there exists rental housing in the City that is below
minimum building standards and could violate RCW 59.18.060 of the Landlord -
Tenant Act. As a result, to further the public health, safety, and welfare of its
citizens and the maintenance of quality rental housing in the City, the City
establishes a program to prevent and correct conditions in residential rental units
that are likely to adversely affect the health, safety, and welfare of the public. It is
a purpose of this section to encourage rental housing within the City to be actively
operated and maintained in compliance with Chapter 59.18 RCW, the Residential
Landlord -Tenant Act. The City Council further declares that this program is for the
benefit of the public in general and not for the benefit of any particular or
circumscribed class of persons.
3
ORDINANCE NO. 5913
AGENDA ITEM # 9. b)
B. APPLICABILITY:
This section applies to rental dwelling units with the following exceptions:
1. Room rental within a rental dwelling unit that is otherwise occupied by
the landlord;
2. Accommodations for transient guests for which lodging tax is
applicable (hotels, motels, inns, short-term rentals, etc.);
3. Hospitals, hospice and community -care facilities, retirement or nursing
homes, extended care facilities, and other similar uses subject to state licensing
requirements;
4. Rental dwelling units that a government agency or authority owns,
operates, or manages, or that are specifically exempted from municipal regulation
by state or federal law or administrative regulation. Such exemption applies until
such ownership, operation, management, or specific exemption is discontinued;
and
5. Emergency or temporary shelters and transitional housing.
C. DEFINITIONS:
In construing the provisions of RMC 4-5-125, the following definitions shall be
applied:
1. "Administrator" means the Administrator of Community and Economic
Development or designee as applicable and any other department administrator
authorized by the Mayor to enforce this section, or their designee, which may
21
AGENDA ITEM # 9. b)
ORDINANCE NO. 5913
include, but is not limited to, code compliance inspector, building official, or other
designated City official.
2. "Certificate of Inspection" means a certificate made in accordance with
the requirements of RCW 9A.72.085 by a qualified inspector on forms provided by
or acceptable to the City that states that the landlord of the rental dwelling unit(s)
at issue has not failed to fulfill any obligation imposed under RCW 59.18.060 of
the Landlord -Tenant Act.
3. "Dwelling unit" means any structure or part of a structure which is used
as a residence or sleeping place by one (1) or more persons, including but not
limited to single-family residences, a room, rooming units, units of multiplexes,
condominiums, apartment buildings, mobile homes, and other similar residential
structures.
4. "Landlord" means an owner, lessor, or sublessor of a rental dwelling
unit or the property on which a rental dwelling unit is located and, in addition,
means any person designated as representative of the landlord including property
managers.
5. "Landlord -Tenant Act" means the Residential Landlord -Tenant Act set
forth in Chapter 59.18 RCW, as currently enacted and hereinafter amended.
6. "Person" means an individual, group of individuals, corporation,
government, governmental agency, business trust, estate, trust, partnership,
association, two (2) or more persons having a joint or common interest, or any
other legal or commercial entity.
5
AGENDA ITEM # 9. b)
ORDINANCE NO. 5913
7. "Qualified inspector" means a United States Department of Housing
and Urban Development certified inspector, a Washington State licensed home
inspector, an American Society of Home Inspectors certified inspector, a private
inspector certified by the National Association of Housing and Redevelopment
Officials, the American Association of Code Enforcement, International Code
Council certified inspector, a Washington licensed structural engineer, or a
Washington licensed architect, or other comparable professional as approved by
the Administrator. A landlord is not eligible to act as a qualified inspector for the
landlord's rental dwelling unit.
8. "RCW" means Revised Code of Washington.
9. "RCW 59.18.060 of the Landlord -Tenant Act" means, for the purposes
of RMC 4-5-125, RCW 59.18.060(1) through (10), as currently enacted and
hereinafter amended.
10. "Rental dwelling unit" means a dwelling unit that is rented or held out
for rental.
11. "Residential Rental Checklist" means a statement, declaration,
verification, or certificate made in accordance with the forms provided by or
acceptable to the City that each rental dwelling unit at issue complies with
RCW 59.18.060 of the Landlord -Tenant Act and does not present conditions that
endanger or impair health or safety.
12. "Tenant" is any person who is entitled to occupy a rental dwelling unit
primarily for dwelling purposes with or without a written rental agreement.
0
ORDINANCE NO. 5913
AGENDA ITEM # 9. b)
D. REQUIREMENTS:
1. Annual Registration, Declaration of Compliance, and Certificate of
Inspection: On or before January 31 of each year, at least one landlord of a rental
dwelling unit shall submit the following rental registration information by means
directed by the Administrator:
a. The landlord's name and contact information;
b. The name and contact information of any person designated by the
landlord as an alternate contact or as a representative of the landlord;
c. If desired by landlord, an email or mailing address or other method
of contact as approved by the Renton Police Department for participation in the
landlord notification program for notice of police activity on the property on which
a rental dwelling unit is located;
d. A Residential Rental Checklist that expressly identifies all of the
landlord's rental dwelling units; and
e. A Certificate of Inspection if such certificate was required to be
completed by RMC 4-5-125.F within the preceding twelve (12) months.
2. Effect of Multiple Landlords: If a single rental dwelling unit has more
than one landlord, the following applies:
a. Only one landlord is required to meet the requirements of RMC 4-
5-125.D.1; and
7
AGENDA ITEM # 9. b)
ORDINANCE NO. 5913
b. Regardless of which landlord registers the dwelling unit, all
landlords of the dwelling unit are responsible for compliance with this Section,
including ensuring proper registration by at least one landlord.
3. Payment of Registration Fee: To the extent applicable, payment of any
registration fees required within the City of Renton Fee Schedule shall be paid
annually by January 31.
E. VIOLATIONS:
1. Each landlord of a rental dwelling unit is responsible for the following
violations:
a. Failure to comply with a requirement of RMC 4-5-125, of
RCW 59.18.060 of the Landlord -Tenant Act, or both;
b. Any violation of Chapter 4-5 RMC, where such violation occurs on
or pertains to property occupied by one (1) or more rental dwelling units, and RMC
4-5-125.13 does not except such rental dwelling units from RMC 4-5-125;
c. Any violation of any other City, county, state, or federal law or
regulation relating to health or safety, where such violation occurs on or pertains
to property occupied by one (1) or more rental dwelling units, and RMC 4-5-125.13
does not except such rental dwelling units from RMC 4-5-125.
2. Except as otherwise provided in RMC 4-5-125, the enforcement and
penalty provisions of Chapter 1-3 RMC apply to violations and potential violations
of RMC 4-5-125.
fff".4IIa WIN M91 2 1033 aU I M 0 ;
AGENDA ITEM # 9. b)
ORDINANCE NO. 5913
below.
A landlord shall have a Certificate of Inspection completed and submitted to
the Administrator under the following circumstances:
1. When a tenant requests an inspection, and the landlord appears to
have failed to fulfill an obligation imposed under RCW 59.18.060 of the Landlord -
Tenant Act;
125; or
2. When the City discovers or is made aware of a violation of RMC 4-5-
3. If an order to cure a violation of RMC 4-5-125 has issued.
G. SALE OF PROPERTY — NEW OWNER COMPLIANCE:
Where conditions exist that are in violation of RCW 59.18.060 of the Landlord -
Tenant Act or RMC 4-5-125 or both, and there is a change of ownership or control,
the new landlord will be subject to penalties and enforcement for all ongoing
violations and registration requirements.
H. PENALTIES AND ENFORCEMENT:
1. A violation of this section, of RCW 59.18.060 of the Landlord -Tenant
Act, or of both is subject to penalties and enforcement under Chapter 1-3 RMC.
2. False Reporting: Any person who knowingly submits or assists in the
submission of a falsified Residential Rental Checklist or Certificate of Inspection is
subject to penalties and enforcement under Chapter 1-3 RMC.
SECTION III. Subsection 5-5-3.A of the Renton Municipal Code is amended as shown
A. General Business License Registration Required:
9
AGENDA ITEM # 9. b)
ORDINANCE NO. 5913
1. No person shall engage in business unless such person has submitted
a general business license registration and holds a valid City of Renton general
business license. The general business license shall not be transferable. If a person
maintains more than one place of business within the City a separate general
business license registration is required for each, with the following exceptions of:
a. Ttemporary or portable sales which will only be required to submit
one registration, and
b. A separate license for landlords, as that term is defined in RMC 4-
5-125.C, is not required for each separate rental dwelling unit, as that term is
defined in RMC 4-5-125.C: exceot that Droaerty managers who maintain off -site
offices shall obtain a separate license for each off -site office.
2. If a person engages in no other activities in or with the City except the
following, demonstrated through means satisfactory to the Administrator, it need
not register:
a Acting within the scope of employment as an employee of a
duly licensed City business, it Reed Rat FegisteF.i
b. Owning or acting as lessor or sublessor of real property occupied
with one (1) or more rental dwelline units. as that term is defined in RMC 4-5-
125.C, and such rental dwelling units:
i. Are not rented to othe
ii. Consist of rental on a by -room basis within a rental dwelling
unit that is otherwise occupied by the property owner, except that a property
10
AGENDA ITEM # 9. b)
ORDINANCE NO. 5913
meeting the definition of a short-term rental, as that term is used in RMC 4-4-055,
is not exempt: or
iii. Are rented only to family members of the property owner.
c. Activities for which reauirement of a business license would violate
Washington State or federal law.
SECTION IV. Subsection 5-5-3.13 of the Renton Municipal Code is amended as shown
below. All provisions of Section 5-5-3 not explicitly amended by Sections III and IV of this
Ordinance shall remain in effect and unchanged.
B. General Business License Registration Fee:
1. General Business License Registration Fee Required: The general
business license registration fee of one hundred fifty dollars ($150.00) shall be
due and payable when filing a completed registration form as prescribed by the
Administrator. The general business license registration fee may be adjusted
from time to time, as published in the current City of Renton Fee Schedule. If a
business enterprise's first date of engaging in business in the City is after July 1, a
prorated half year general business license registration fee will be due in the
amount of seventy-five dollars ($75).
2. Exemptions: The following are exempt from the general business
license registration fee, if demonstrated through means satisfactory to the
Orlminktratnr-
a. Non -Profit Exemption: A person that can demonstrate thFeugh
,,.,ears sat;sfacter„ to the ndrninistFateF that it is exempt from federal income
11
AGENDA ITEM # 9. b)
ORDINANCE NO. 5913
taxation pursuant to 26 U.S. Code Subsections S01(c) or (d), as those subsections
may be amended or recodified.
b. Threshold Exemption: A person that can demonstrate thFOUgf}
FneaR< satisfactory to the AdMiRiStFa+,,, that (1) its business has, as applicable to
the type of business, an annual value of products, gross proceeds of sales, and
gross income in the City equal to or less than $2,000, aggregated, and (2) it does
not maintain a place of business within the City. This exemption does not apply
to a person whose business requires or obtains a regulatory license or
specialized permit.
c. Residential Rental Proaerty Owner Exemption: A Derson
registering a place of business within the City at which such person's
ment in business is limited to ownine and rentine/leasine one or more
rental dwelling units, as that term is defined in RMC 4-5-125.C.
3. Time Within Which to Claim Overpayment of General Business
License Registration Fee: If a person makes an overpayment of a general
business license registration fee, and, within four (4) years after date of such
overpayment, makes application for a refund or credit of the overpayment, its
claim shall be allowed and be repaid from the general fund or be applied as a
credit to annual renewal fees as approved by the Administrator.
SECTION V. If any section, subsection, sentence, clause, phrase or work of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
12
AGENDA ITEM # 9. b)
ORDINANCE NO. 5913
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase or word of this ordinance.
SECTION VI. This ordinance shall be in full force and effect thirty (30) days after
publication of a summary of this ordinance in the City's official newspaper. The summary shall
consist of this ordinance's title.
PASSED BY THE CITY COUNCIL this day of 12019.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of 12019.
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:2047:2/20/19
Denis Law, Mayor
13